News & Analysis as of

Immigration Enforcement Employer Liability Issues

Littler

What Has Been Happening at OCAHO in 2023-2024?

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From February 2023 to the present, the Office of the Chief Administrative Hearing Officer (OCAHO) issued four decisions concerning the amount of I-9 penalties.2 In all four cases, the employers underwent Immigration and...more

Fisher Phillips

Top 3 Misconceptions Employers Have About I-9 Self Audits

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Over 11 million people are likely in the United States without legal authorization to work, accounting for over 3% of our workforce. This often forces employers to choose between essential employment compliance and economic...more

Fisher Phillips

Immigration Compliance: Will Inflation Play a Bigger Role in I-9 Fines? 4 Takeaways for Employers

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At a time when inflation is on everyone’s mind, it appears that a federal immigration leader is paying attention and may let inflation play a slightly bigger role in I-9 fine assessments. The Chief Administrative Hearing...more

Fisher Phillips

Using B-1 Visas Can Be a $10 Million Mistake for Your Company: Employer Takeaways from Recent Settlement

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A company that tried to use B-1 visas as inexpensive workarounds instead of H-1Bs learned the hard way that such a tactic could end up costing you dearly after it agreed to a nearly $10 million settlement with the federal...more

Perkins Coie

Form I-9 Inspection Requirement Compliance as COVID-19 Remote Verification Flexibility Sunsets

Perkins Coie on

The U.S. Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) have announced that employers will have until August 30, 2023, to physically verify Form I-9 documentation that may have been...more

Littler

What Does the End of Title 42 and I-9 Flexibility Mean for Employers?

Littler on

U.S. immigration policy and the Biden administration’s response to the ongoing migration crisis have been hot topics in the news. We break down potential considerations for employers as the pandemic-era immigration policy...more

Schwabe, Williamson & Wyatt PC

ICE Ends COVID-Era I-9 Accommodations

On May 4, 2023, the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced that the temporary I-9 accommodations put in place during the COVID-19 pandemic will expire on July...more

Littler

OCAHO Reduces I-9 Penalties by Average of 34% in 2022-2023

Littler on

In the period of 2022 to the present, the Office of the Chief Administrative Hearing Officer (OCAHO) has issued eight decisions concerning the amount of I-9 penalties. In all cases, the employers underwent Immigration and...more

Oberheiden P.C.

ICE Investigations: What Employers Need to Know in 2024

Oberheiden P.C. on

U.S. Immigration and Customs Enforcement (ICE) together with the Department of Homeland Security (DHS) aggressively execute its mission “to protect America from the cross-border crime and illegal immigration that threaten...more

Littler

DHS/ICE Extends I-9 Remote, Virtual Verification until July 31, 2023

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On October 11, 2022, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced a nine-month extension until July 31, 2023, of the policy allowing remote, virtual verification of...more

Fisher Phillips

Is Your Business Prepared for an I-9 Audit this Holiday Weekend? A 5-Step Action Plan

Fisher Phillips on

Last year, federal immigration authorities decided that summer holiday weekends were the perfect time to spring I-9 audits on unsuspecting employers – and signs point toward this trend repeating this coming July 4 and Labor...more

Poyner Spruill LLP

DHS Extends Form I-9 Requirement Flexibility

Poyner Spruill LLP on

On April 25, 2022, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment...more

Fisher Phillips

The Top 16 Workplace Law Stories from December 2021

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

Workplace Immigration Officials Extend “Relaxed” Remote Work I-9 Rules Into 2022

Fisher Phillips on

Federal workplace immigration officials recently announced that “relaxed” I-9 rules have been extended until April 30, 2022, ensuring that employers can inspect I-9 documents for certain employees working remotely due to...more

McAfee & Taft

Form I-9 verification flexibilities further extended to August 31 for employers onboarding remote employees

McAfee & Taft on

The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) is continuing its discretion to defer the physical presence requirements associated with the Employment Eligibility...more

Fisher Phillips

The Slippery Road Toward Immigration Reform Under President Biden: Beware of ICE!

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President Biden has proposed sweeping changes to U.S. immigration law, contained in the pending U.S. Citizenship Act of 2021. This piece of proposed legislation, as introduced into Congress by the bill’s lead sponsors, Sen....more

Fisher Phillips

Gig Economy Companies Face Hidden Misclassification Landmine: I-9s and Immigration Compliance

Fisher Phillips on

President Biden’s Labor Secretary, Marty Walsh, was recently quoted as saying “in a lot of cases, gig workers should be classified as employees.” Not only did Secretary Walsh’s statement cause many gig companies’ stocks to...more

Fisher Phillips

ICE Extends “Relaxed” I-9 Document Inspection Rules Through May 31 and Clarifies Remote Worker Rules for New Hires

Fisher Phillips on

As previously reported, U.S. Immigration and Customs Enforcement (ICE) has relaxed its rules regarding the in-person inspection of employee documents when filling out a Form I-9, and the agency recently announced that these...more

Fisher Phillips

ICE Extends Its “Relaxed” I-9 Document Inspection Rules Through January 31

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As previously reported, USCIS has relaxed its rules regarding the in-person inspection of employee documents when filling out a Form I-9 in response to the COVID-19 pandemic. The agency recently announced that these “relaxed”...more

Seyfarth Shaw LLP

ICE Extends COVID I-9 Rules to December 31

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Seyfarth Synopsis: Yesterday, the U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibilities in rules related to Form I-9 compliance that was granted earlier this year.  This announcement was...more

Burr & Forman

Take 5 Immigration Podcast Series: Episode 10

Burr & Forman on

In Episode 10 of the Take 5 Immigration Podcast Series, Melissa discusses a topic that is oftentimes overlooked until a company is notified of a state or federal immigration audit, or when an issue involving employee status...more

Morgan Lewis

ICE Extends COVID-19-Related I-9 Compliance

Morgan Lewis on

A policy permitting acceptance of remote verification in limited circumstances has been extended 30 days through August 19. The US Immigration and Customs Enforcement (ICE) announced on July 18 that it has extended the...more

Mintz - Immigration Viewpoints

ICE Extends I-9 Compliance Flexibility to August 19, 2020

On March 20, 2020 DHS announced that it would defer for a 60 day period the physical presence requirement to review the employee’s identity and employment authorization documents in order to complete Form I-9, Employment...more

Seyfarth Shaw LLP

Better Late Than Never: ICE Announces Another Extension to I-9 Compliance Flexibility

Seyfarth Shaw LLP on

Posting early morning on July 20, but dated July 18, Immigration and Customs Enforcement (ICE) confirmed that employers have an additional 30-day extension to the flexibilities in rules related to Form I-9 compliance. ...more

Seyfarth Shaw LLP

Still No Word From ICE On Virtual I-9s

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As of early Friday morning, July 17, there’s been no announcement by Immigration and Customs Enforcement (ICE) confirming whether it will continue the flexibility granted in the Form I-9 process, temporarily suspending the...more

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