The word “audit” can strike fear in the hearts of HR professionals across the country. With increasing fines, an I-9 audit can turn a small mistake into a big cost....more
As required under the Federal Civil Penalties Inflation Adjustment Act of 2015, the Department of Justice (DOJ) announced, through the Federal Register, increases for penalties under the Immigration Reform & Control Act...more
Here’s what to expect following a Notice of Inspection (NOI). Since the Immigration Reform and Control Act (IRCA) was passed in 1986, employers in the United States have been required to verify candidates’ employment...more
Employment Authorization Documents (“EAD cards”) authorize certain foreign nationals to work in the United States during their validity period. An EAD card is one of many documents an employee may present as the basis for his...more
When it began in 1996, the E-Verify program initially was available in only five states. Currently, more than 520,000 employers nationwide use the program, with almost 44,000 of those being federal contractors. Because...more
Key Takeaways - Form I-9 employment eligibility verification flexibility to physical inspection requirements is extended through October 31, 2022 Effective May 1, 2022, employers are no longer permitted to accept...more
The Biden Administration is ending worksite raids to catch unauthorized workers, according to a memorandum issued last week by Alejandro Mayorkas, Secretary of the U.S. Department of Homeland Security. In doing so, the...more
Last year, a new law was enacted requiring public and private employers to comply with Florida’s new E-Verify mandates, with Fla. Stat. § 448.095 of the Florida Statutes taking effect on January 1, 2021. The law makes the use...more
The global pandemic has had a significant adverse impact on United States Citizenship & Immigration Services (“USCIS”) operations. We previously reported on the impact of COVID-related office closures on U.S. consular...more
In March, as a result of the COVID-19 pandemic, the U.S. Department of Homeland Security allowed more flexibility for employers seeking to verify documentation for I-9 forms. The DHS has now extended that flexibility for...more
Advice to U.S. Employers: Immigration Insights Series during COVID-19 Crisis - A Series of Advisories - Proskauer's Immigration Practice Group is advising clients on an array of challenges as companies find it...more
By way of background, under the Immigration Reform and Control Act of 1986, employers are required to complete a Form I-9 for each newly hired employee. The purpose of the Form I-9 is to verify the identity of each new...more
Department of Homeland Security (DHS) announced on March 20, 2020 that it will allow for flexibility in the completion of the Employment Eligibility Verification (Form I-9) for employers working remotely due to COVID-19...more
Proskauer's Immigration Practice Group is advising clients on an array of challenges as companies find it difficult to comply with their Immigration and Reform Control Act (IRCA) obligations and maintain the legal status of...more
Given an increase in federal investigations, employers in industries paying hourly wages should prepare now for I-9 audits and investigations to ensure compliance with federal immigration laws. Recent raids on seven...more
With more than four (4) months left in the federal government's 2018 fiscal year, U.S. Immigration & Customs Enforcement (ICE) this week reported it had already doubled the number of audits that it conducted during the entire...more
We’ve heard domestic manufacturers push “American-made” slogans for years. Whether it was “See the USA in your Chevrolet,” or “The heartbeat of America” from Chevrolet, or Plymouth’s infamous, “Isn’t that the kind of car...more
Following a six year investigation, the U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) unit issued a statement confirming a guilty plea on September 28, 2017 by Asplundh Tree Experts,...more
Seyfarth Synopsis: With a record $95 million plea deal for I-9 immigration violations following a six year investigation, the outcome for a Pennsylvania company with operations nationwide serves as a reminder of the federal...more
On June 15, 2012, President Obama announced the Deferred Action for Childhood Arrivals Program (DACA), creating a firestorm of reaction regarding its implications on immigration policy and the affected young people. Some...more