Is E-Verify More of a Hassle Than it is Worth?

E-Verify is an Internet-based system that compares information from an employee’s Form I-9, Employment Eligibility Verification, to data from U.S. Department of Homeland Security and Social Security Administration records to confirm employment eligibility. While voluntary for most employers and relatively easy to use for all, registering for and using the E-Verify system, without first performing… Continue reading Is E-Verify More of a Hassle Than it is Worth?

USCIS ISSUES POLICY MEMORANDUM REGARDING ADJUDICATIONS FOR CERTAIN L-1A VISA PETITIONS

The U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum, adopting an Administrative Appeals Office (AAO) decision, to provide guidance that applies to and binds all USCIS employees regarding the adjudication of L-1A visa petitions. Specifically, the memorandum clarifies that when determining whether the beneficiary of an L-1A visa petition will primarily manage an… Continue reading USCIS ISSUES POLICY MEMORANDUM REGARDING ADJUDICATIONS FOR CERTAIN L-1A VISA PETITIONS

Minnesota Promotional Marketing Company Liable for I-9 Violations

The Office of the Chief Administrative Hearing Officer (OCAHO) found International Packaging Inc., a Minnesota-based promotional marketing company liable for failing to prepare or present Forms I-9 for 21 of its employees and for substantive errors found in 73 Forms I-9. Form I-9 is used to confirm an employee’s identity and work authorization. Fines have… Continue reading Minnesota Promotional Marketing Company Liable for I-9 Violations

Temporary Employment Company Liable for Over 465 I-9 Violations

The Office of the Chief Administrative Hearing Officer (OCAHO), recently found a temporary employment company, Golden Employment Group Inc., located in Minnesota, liable for over 465 I-9 violations (United States of America v. Golden Employment Group Inc., OCAHO Case Number 15A00037). Specifically, the Judge found that they failed to timely present 125 Form I-9s and… Continue reading Temporary Employment Company Liable for Over 465 I-9 Violations

Employers Should Continue to use the Form I-9 With an Expiration Date of 03/31/2016

The USCIS has announced that until further notice, employers should continue to use the Form I-9, Employment Eligibility Verification, with expired on 03/31/2016. USCIS is in the process of drafting a new version of Form I-9 and they will provide further information once it becomes available. Employers are required to complete a Form I-9 to… Continue reading Employers Should Continue to use the Form I-9 With an Expiration Date of 03/31/2016

Change in Policy Regarding Educational Equivalencies for Border Cases

Customs and Border Protection has stated that they will only accept educational equivalencies prepared by members of the National Association of Credential Evaluation Services (NACES.ORG) for cases presented at the Preflight Inspection or Port of Entry. A review of their website indicates that only 19 educational evaluation services providers are listed including the Foundation for… Continue reading Change in Policy Regarding Educational Equivalencies for Border Cases

JOINT GUIDANCE ISSUED FOR EMPLOYERS CONDUCTING I-9 INTERNAL AUDITS

The U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) and the U.S. Immigration and Customs Enforcement (ICE) have issued joint guidance intended to help employers properly perform internal Form I-9 audits. While this guidance provides helpful tips aimed at avoiding discrimination in the internal audit process, following this guidance… Continue reading JOINT GUIDANCE ISSUED FOR EMPLOYERS CONDUCTING I-9 INTERNAL AUDITS

Ex-University CEO Sentenced to Prison for Student Visa Fraud

Herguan University’s former CEO, Jerry Wang, was sentenced to one year in prison and order to forfeit $700,000 for his part in a student visa scheme. Mr. Wang admitted to submitting false document to the Department of Homeland Security’s (DHS) Student and Exchange Visitor Program (SEVIS) program. He also admitted to participating in a schedule… Continue reading Ex-University CEO Sentenced to Prison for Student Visa Fraud

Employer Pays $215K to Settle Citizenship Discrimination Case

Louisiana Crane & Construction LLC, which provides oilfield services, has agreed to pay $165,000 in civil penalties and create a $50,000 fund to pay workers who lost wages because of the company’s policy requiring workers who were not U.S. citizens to provide additional documents during the Form I-9 employment verification process. The company will also… Continue reading Employer Pays $215K to Settle Citizenship Discrimination Case

NH Painting Contractor to Pay Nearly $500K in Wages, Dmanages and Penalties

A NH painting contractor was charged in October 2012 for violations of the Fair Standards Labor Act’s (FLSA) minimum wage, overtime and record keeping requirements. In 2014, the Department of Labor (DOL) obtained a preliminary injunction preventing the contractor from intimidating, retaliating or discriminating again current or former employees involved in the investigation and lawsuit.… Continue reading NH Painting Contractor to Pay Nearly $500K in Wages, Dmanages and Penalties

ICE FINES WASHINGTON APPLE ORCHARD MILLIONS FOR i-9 VIOLATIONS

A $2.5 million dollar settlement was reached between the U.S. Immigration and Customs Enforcement (ICE) and Broetje Orchards, LLC for violations of the Immigration Reform and Control Act of 1996 (IRCA). The multimillion dollar settlement was a result of ICE’s findings during an I-9 audit performed by ICE”s Homeland Security Investigations (HIS) last summer. Specifically,… Continue reading ICE FINES WASHINGTON APPLE ORCHARD MILLIONS FOR i-9 VIOLATIONS