Immigration Reform and Control Act of 1986 (IRCA) – Page 3

USCIS Now Using New Ink Color for Certain Documents Which May be Used for Form I-9

The U.S. Citizenship and Immigration Service (“USCIS”) has changed from red to blue the color ink it uses to stamp certain documents that could be used for I-9 purposes. This would be relevant, for instance, in a scenario where you have a high population of new hires that are refugees and they provide you with a refugee document. Reviewers should note that moving forward they may see government documents with stamps in blue, red and black ink and that, just because the ink color has changed, documents may still be valid. Continue reading “USCIS Now Using New Ink Color for Certain Documents Which May be Used for Form I-9”

Federal Government Fines Its Own Janitorial Service for I-9 Violations

The Office of the Chief Administrative Hearing Officer (“OCAHO”) for the Executive Office for Immigration Review (“EOIR”), in United States v. Clean Sweep Janitor Service, has reduced Clean Sweep’s fines from $12,623 to $6,750. Continue reading “Federal Government Fines Its Own Janitorial Service for I-9 Violations”

Salt Lake City’s Only Five Diamond Hotel Fined $2 Million for I-9 Violations

Grand America Hotel has agreed to pay a fine of nearly $2 million to avoid criminal prosecution for hiring employees not authorized to work in the U.S. The company will also cooperate with a Department of Homeland Security (“DHS”) investigation and will take steps to correct its hiring practices. Continue reading “Salt Lake City’s Only Five Diamond Hotel Fined $2 Million for I-9 Violations”

The Rules of the Game Change As ICE Targets Employers

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 “The Rules of the Game Change As ICE Targets Employers”

DOJ Addresses the Anti-Discrimination Provision in Connection with I-9 Compliance

On July 30, 2014, 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 in how to address the instance where the employer had accepted more documents than necessary during the Form I-9 verification process. (See U.S. Department of Justice.) In its request for assistance, the employer specifically inquired whether it should “retain or destroy excess documentation.” Continue reading “DOJ Addresses the Anti-Discrimination Provision in Connection with I-9 Compliance”

Keeping Up with the Times: Solving the I-9 Conundrum for Remote Employees

The impact that technology has on our everyday life is impressive. It touches us at work, home, and even while we’re on the road. And while technology has its disadvantages (you are always “on”), it also has its advantages: for instance, it gives employees the ability to telecommute. Every day, more and more companies offer their employees the option to telecommute from home. In some instances, companies even hire individuals who live in a different state from where the employer is located. While allowing employees to telecommute from different states can be a great benefit for the employee (and the employer), it can create a nightmare for HR administrators trying to complete employment paperwork, such as the Form I-9, Employment Eligibility Verification.Under the Immigration Reform and Control Act of 1986, employers are required to complete a Form I-9 for each new employee. Continue reading “Keeping Up with the Times: Solving the I-9 Conundrum for Remote Employees”