ICE Extends the I-9 Flexibility Rules Related to Form I-9 for Remote Work

U.S. Immigration and Customs Enforcement (ICE) today announced an extension of the flexibilities in rules related to Form I-9 compliance that was granted earlier this year. The Department of Homeland Security (DHS) will extend this policy until March 31, 2021. On March 19, 2020, DHS announced that it would exercise prosecutorial discretion to defer the… Continue reading ICE Extends the I-9 Flexibility Rules Related to Form I-9 for Remote Work

Company Fined $627,000 for I-9 Anti-Discrimination Provision Violations

The Department of Justice (DOJ) finalized a settlement agreement with Fleetlogix Inc. (Fleetlogix) regarding claims that they discriminated again non-US citizens who were work authorized. Fleetlogix is based in San Diego, California and operates offices nationwide that provide cleaning and transportation services to rental car companies. Specifically, the DOJ alleged that Fleetlogix required these non-US… Continue reading Company Fined $627,000 for I-9 Anti-Discrimination Provision Violations

USCIS Releases Revised I-9

The USCIS recently issued a revised version of the Form I-9, Employment Eligibility Verification Form. This form must be used beginning on September 18, 2017. All existing storage and retention rules for Form I-9 must continue to be followed. As you know, employers use the Form I-9 to verify the identity and employment authorization of… Continue reading USCIS Releases Revised I-9

The Future? of the EB-5 Program

Numerous EB-5 legislation has been introduced with the intention of curbing some of the EB-5 program’s issues and problems. S.1501, the American Job Creation and Investment Promotion Reform Act of 2015, introduced by Sen. Grassley and Sen. Leahy, included a laundry list of EB-5 “integrity” measures. Sen. Charles Grassley and Sen. Dianne Feinstein, have proposed… Continue reading The Future? of the EB-5 Program

Employers Seeking H-1B Visas Should Not Discriminate Against US Workers Warns the U.S. Department of Justice

Yesterday, April 3rd was the first day the USCIS began accepting H-1B visa petitions that are subject to the cap for the next fiscal year (October 1, 2017 to September 30, 2018). The H-1B visa allows U.S. employers to employ temporarily foreign workers in specialty occupations including science and technology. The anti-discrimination provisions of the… Continue reading Employers Seeking H-1B Visas Should Not Discriminate Against US Workers Warns the U.S. Department of Justice

DOL Finds that in Certain Circumstances You Can Deduct H-1B Visa Fees from Employee Paycheck

The U.S. Department of Labor, Office of the Administrative Law Judges (OALJ), has determined that in certain circumstances, an employer can deduct H-1B visa fees from an employee’s final paycheck. In this case, Matter of Woodmen of the World Life Insurance Society, October 26, 2016, the OALJ determined that Woodmen Life did not violate any… Continue reading DOL Finds that in Certain Circumstances You Can Deduct H-1B Visa Fees from Employee Paycheck

New Form I-9 Approved – Current Form I-9 Valid until 1/21/2017

On August 25, 2016, the Office of Management and Budget (OMB) approved a revised Form I-9, Employment Eligibility Verification. The new Form I-9 must be published by November 22, 2016. Employer can continue to use the current form until January 21, 2017. After that date, the new Form I-9 must be used. No other editions… Continue reading New Form I-9 Approved – Current Form I-9 Valid until 1/21/2017

OCAHO FINES TEXAS RESTAURANT $33,379.50 FOR 32 I-9 VIOLATIONS

Immigration and Customs Enforcement (ICE) served Jula888, LLC (Para Tacos La Chilanga) on August 4, 2014 with Notice of Inspection (NOI) which required production of the Forms I-9 for its employees, along with other business documents by August 7, 2014. On August 13, 2014, Jula888, through their attorney, notified ICE that no records were available… Continue reading OCAHO FINES TEXAS RESTAURANT $33,379.50 FOR 32 I-9 VIOLATIONS

5th Circuit Overturns OCAHO I-9 Fines for MN Staffing Company

On Monday, August 11, 2016, the 5th Circuit Court of Appeals vacated a $226,000 fine again Employer Solutions Staffing Group (ESSG) in a ruling that determined that it was not at that time a violation for an employer to have one of its agents inspect original employee documents in Texas and have an employer representative… Continue reading 5th Circuit Overturns OCAHO I-9 Fines for MN Staffing Company

INCREASES TO I-9 VIOLATIONS AND OTHER IMMIGRATION RELATED EMPLOYMENT VIOLATIONS

Today, the U.S. Department of Justice (DOJ) increased the possible fines and penalties for employers with I-9 employment eligibility violations including the employment of unauthorized workers and/or employers who have violated the anti-discrimination provision of the Immigration and Nationality Act (INA). These increases are due to the Bipartisan Budget Act of 2015 which was enacted… Continue reading INCREASES TO I-9 VIOLATIONS AND OTHER IMMIGRATION RELATED EMPLOYMENT VIOLATIONS