In a real-world example of how a misunderstanding of how to conduct employment eligibility verification, the Department of Justice recently published a settlement agreement that demonstrates how a nuanced requirement for human resource professionals can be quite costly to the organization at large. Recently, the Immigrant and Employee Rights Section (IER) of the Civil Rights… Continue reading Settlement Highlights Importance of HR Training
Tag: Form I-9
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
Why I-9 Compliance Remains Important
On August 7, 2017, the Ninth Circuit upheld charges against DLS Precision Fab LLC, a now bankrupt sheet metal company, which resulted in $305,000 in penalties for employing unauthorized immigrants. In this decision the court rejecting the company’s arguments that a rogue HR director was to blame. DLS was found to have failed to comply… Continue reading Why I-9 Compliance Remains Important
EMPLOYERS: You Can Use the Current Form I-9 until 01/21/2017
USCIS will publish a new Form I-9, Employment Eligibility Verification by November 22, 2016. As such, employers can continue to use the current Form I-9, dated 03/08/2013 until 01/21/2017. On or before 01/21/17, employers must use the new form.
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
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
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
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
DOJ SECURES LARGEST CIVIL PENALTY FOR DISCRIMINATIN CLAIM
The Department of Justice (DOJ) reached an agreement on May 27th with a farm labor contractor, in Bakersfield, California, Luis Esparza Services, Inc. (LES), which resolved claims that LES discriminated against individuals because of citizenship status in violation of the Immigration and Nationality Act (INA). The agreement involved the largest civil penalty to date that… Continue reading DOJ SECURES LARGEST CIVIL PENALTY FOR DISCRIMINATIN CLAIM
EMPLOYERS BEWARE – THE U.S. GOVERNMENT WILL SPEND $$$$ TO COLLECT $500 FOR I-9 VIOLATIONS
In a recent case, U.S. v. Keegan Variety, LLC, 11 OCAHO no. 1238 (2014), the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) spent tens of thousands of dollars (think daily salaries of the investigators, the Judge and his/her staff) to collect $500 from an employer for two I-9 violations. Keegan Variety… Continue reading EMPLOYERS BEWARE – THE U.S. GOVERNMENT WILL SPEND $$$$ TO COLLECT $500 FOR I-9 VIOLATIONS
E-Verify Systems Records Purge
Starting on January 1, 2015, E-verify transaction records more than 10 years old will be deleted by the E-Verify system. E-Verify users will no longer have access to cases created prior to December 31, 2004. This action is required to comply with the National Archives and Records Administration’s (NARA) retention and disposal schedule. In order… Continue reading E-Verify Systems Records Purge