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A recent decision by the Office of the Chief Administrative Hearing Officer – United States of America V. Hartmann Studios, Inc. – has resulted in more than $600,000 in civil penalties for the employer/defendant. The $600,000 actually represents a decrease in the original penalty of $812,665.25. Continue reading “I-9 Violations Result in Harsh Consequences”
U.S. Citizenship & Immigration Services (“USCIS”) recently released an alert advising employers that green cards do not always have a signature. For example, USCIS will waive the signature requirement for children under the age of consent or individuals who are physically unable to provide a signature. Continue reading “I-9 Update: Green Cards Do Not Always Have a Signature”
Since 2009, there has been a dramatic change in Immigration and Customs Enforcement’s (“ICE”) workforce enforcement strategy. Before 2008, ICE focused its enforcement efforts almost exclusively on illegal workers. In 2009, however, ICE shifted its focus from illegal workers to employers who knowingly hired unauthorized workers. As part of its strategy of targeting employers, ICE began setting up centers around the country that are fully dedicated to worksite inspections. Continue reading “Conducting An Internal I-9 Audit”
On January 8, 2015, the U.S. Department of Justice (DOJ) Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) issued a technical assistance letter (TAL) in response to an employer’s request for guidance. The TAL primarily serves to provide guidance on how to address the instance where an employee admitted after the fact that the documents presented during the Form I-9 process were not genuine and whether the employer would face any liability for discrimination if it chose to terminate the employee. Continue reading “What Happens When An Employee Admits I-9 Documents Were Fraudulent”
The year 2009 marked a dramatic change in Immigration and Customs Enforcement’s (“ICE”) workforce enforcement strategy. Up until 2008, ICE focused its enforcement efforts almost exclusively on illegal workers. For instance, ICE made 6,000 workforce enforcement strategy-related arrests in 2008; only 135 of them involved employers. Starting in 2009, however, ICE shifted its focus from illegal workers to employers who knowingly hired unauthorized workers. As part of its strategy of targeting employers, ICE began setting up centers around the country that are fully dedicated to I-9 audit work. Continue reading “Five Things Employers Should Consider When Conducting an I-9 Self-Audit”
The following important highlights resulted from the November meeting between the American Immigration Lawyers Association’s Verification and Documentation Liaison Committee, USCIS’s Verification Division, and ICE’s Homeland Security Investigations: Continue reading “Form I-9 Verification Process Update”
When someone approaches you in a friendly manner, you want to oblige. When someone smiles, your natural inclination is to smile back. So it’s no wonder that an employer may not understand the danger posed when a friendly Immigration and Customs Enforcement (“ICE”) auditor shows up at the workplace to help the employer understand its recordkeeping obligations and ensure the employer is doing its paperwork properly, even promising to do so in a timely manner so as not to disrupt the employer’s business. Continue reading “How to Respond When ICE Offers to Help”
U.S. Citizenship and Immigration Services (USCIS) announced this month that it will begin disposing of E-Verify Records that are 10 years old and older beginning January 1, 2015. In an effort to minimize security and privacy risks associated with the retention of Personal Identifiable Information (PII), USCIS will begin disposing of E-Verify case records whose last transaction occurred on or before December 31, 2014. Continue reading “USCIS Will Begin Disposing of E-Verify Records 10 Years Old and Older”
On October 6, 2014, USCIS announced the launch of myE-Verify—a new website designed for employees. Having focused its previous efforts on employers, myE-Verify provides employees with the ability to create and maintain secure personal accounts and to access new features for identity protection. Continue reading “New USCIS System Dedicated to Employee I-9 Needs”
It’s been almost four years since U.S. Immigration and Customs Enforcement (ICE) finalized the regulations for electronically generating and/or storing Form I-9 records. Since that time, more and more employers have migrated to electronic I-9 systems for a variety of reasons—as a way of reducing paperwork violations, managing their I-9 programs, and/or integrating E-verify. Continue reading “The I-9 Squeeze: What Happens When An Employer Migrates to a Completely Electronic System?”