Tag Archives: I-9

U.S. Immigration and Customs Enforcement Levies Record $95 Million Civil Settlement for Immigration Violations

U.S. Immigration and Customs Enforcement (ICE) levied a historic $95 million settlement against a national tree company in connection with a six year investigation by ICE into the company’s hiring of undocumented workers and other immigration violations. This settlement represents the largest payment ever received in an immigration case. Moreover, it demonstrates ICE’s commitment to … Continue Reading

Arizona, Maryland, and Wyoming To Participate in E-Verify Ride Program

As of July 31, 2017, Arizona, Maryland, and Wyoming are official participants in the federal government’s E-Verify enhancement program, RIDE. The Record and Information from DMVs for E-Verify (RIDE) verifies the validity of state-issued driver’s licenses and ID card information by matching data entered by employers into E-Verify against state departments of motor vehicles records. … Continue Reading

After Recent Country Condition Reviews, Temporary Protected Status Benefits for Citizens of Guinea, Liberia, and Sierra Leone to End May 20, 2017

On Sept. 22, 2016, Secretary of Homeland Security Jeh Johnson extended the temporary protected status (TPS) designation for Guinea, Liberia, and Sierra Leone through May 20, 2017.  The TPS designations for these countries were extended for six months to allow for the “orderly transition” of its citizens back home.  Guinea, Liberia, and Sierra Leone were … Continue Reading

USCIS Announces Fall 2016 Issuance of New Form I-9 Version; New Version Will Be Mandatory January 2017

On Sept. 12, 2016, U.S. Citizenship and Immigration Services (USCIS) announced that the Office of Management and Budget (OMB) approved a revised Form I-9, Employment Eligibility Verification, on Aug. 25, 2016. After receiving over 130,000 stakeholder comments in response to the proposed issuance of a new Form I-9, USCIS will publish the revised form version … Continue Reading

U.S. Department of Homeland Security Renews TPS for El Salvador

Through a recent publication of the Federal Register, the Department of Homeland Security (DHS) has extended Temporary Protected Status (TPS) for eligible nationals of El Salvador effective Sept. 10, 2016, through March 9, 2018.   The extension allows eligible TPS beneficiaries to retain TPS through March 9, 2018, so long as they otherwise continue to meet … Continue Reading

Office of Special Counsel for Immigration-Related Unfair Employment Practices Issues Guidance on Requesting Documents from Applicants and New Hires for Export Control Purposes

The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) enforces the anti-discrimination provision of the Immigration and Nationality Act (INA), 8 U.S.C. § 1324b, which prohibits the following employment-related conduct: (1) Discrimination in hiring, firing or recruiting based on someone’s real or perceived national origin, citizenship or immigration status; (2) “Document abuse” during … Continue Reading

Office of Special Counsel Settlement Re Immigrant Discrimination

Recently, the Department of Justice, Office of Special Counsel for Immigration-Related Unfair Employment Practices (‘OSC’) entered into a settlement agreement with a landscaping company following allegations of immigrant discrimination.  The DOJ lawsuit against the company concerned corporate practices requiring Lawful Permanent Residents (green card holders) to produce their green cards in order to prove their work … Continue Reading

Greenberg Traurig Immigration Attorneys Present as Guest Lecturers to Wharton School of Business

This past week, Greenberg Traurig attorneys, Matthew Galati and Shaun Staller, presented to The University of Pennsylvania’s Wharton School of Business as guest lecturers for the institution’s “The Law at Work: Employment Law for Managers” class. Galati provided an overview of the immigration landscape in the context of employment and the business-related nonimmigrant and immigrant … Continue Reading

E-Verify to Destroy Old Records

E-Verify has announced that effective Jan. 1, 2016, in compliance the National Archives and Records Administration’s retention and disposal schedule, it will destroy all transaction records older than 10 years.  Thus, all transaction records created prior to Dec. 31, 2005 will be destroyed.  Further, E-Verify will delete, on an annual basis, all transaction records that … Continue Reading

California Event Design and Production Company Fined $605,000 for Over 800 I-9 Violations

Earlier this month, an Administrative Law Judge (ALJ) for OCAHO ordered Hartmann Studios, Inc., an event design and production company based in Richmond, California to pay civil money penalties totaling $605,250 based on 808 I-9 paperwork violations.  The vast majority of violations involved the company’s failure to sign section 2 of the I-9 forms.  The … Continue Reading

ICE Issues Record Fine of $2.25 Million

On June 4, 2015, ICE reminded employers across the country of the I-9 employment eligibility verification requirements and the consequences for violations when it issued a fine against Broetje Orchards in Washington state for employing close to 1,000 unauthorized workers.  The matter involving Broetje Orchards has been ongoing for several years, after the company was … Continue Reading

I-9 Update: Department of Homeland Security Extends TPS for El Salvador

In the most recent publication of the Federal Register, the Department of Homeland Security (DHS) announced El Salvador’s designation for Temporary Protected Status (TPS) is being extended for 18 months, from March 10, 2015, through Sept. 9, 2016. The extension allows eligible TPS beneficiaries to retain TPS through Sept. 9, 2016, so long as they … Continue Reading

A New Judge is in Town to Rule on I-9 Violation Penalties

Last week Stacy Stiffel Paddack was announced as the newest Administrative Law Judge (ALJ) at the Office of the Chief Administrative Hearing Officer (OCAHO). Judge Paddack will rule on the proper penalty in immigration compliance (Form I-9 violations) cases brought by U.S. Immigration and Customs Enforcement (ICE). Welcome aboard, Judge Paddack. The statutory range for … Continue Reading

Staying in Compliance with the Colorado Division of Labor Requirements

Pursuant to the Colorado Employment Verification Law (C.R.S. §  8-2-122), all public and private employers in Colorado must adhere to additional employer compliance requirements, separate and in addition to those mandated by the Federal Form I-9 requirements.  All Colorado employers are required to complete the Colorado Affirmation Form (Affirmation of Legal Work Status) for all … Continue Reading

OSC Guidance on I-9 Self-Audits

Employers as a best practice should conduct regular self-audits of their I-9s to ensure the forms are completed properly. When, if ever, can an employer, during a self-audit, request to see the documents that were presented by the employee at the time the I-9 was initially completed?  The U.S. Department of Justice Office of Special … Continue Reading

OSC Settles Immigration-Related Employment Discrimination Claim Against Major Airline

For a second time in a week, the U.S. Department of Justice Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) announced it had reached a settlement with a company for immigration discrimination involving I-9 document abuse.  The second of its settlements stemmed from wrongdoing by a major airline. OSC’s investigation was initiated based … Continue Reading

ICE Increases its Enrollment in IMAGE by 12.5% in One Day!

U.S. Immigration Customs and Enforcement (ICE) announced that it has signed up 25 Puerto Rican companies to its IMAGE system, increasing the total number of companies enrolled in its program to approximately 225 employers. This represents a 12.5% increase in enrollment for a federal program that had not previously gained much traction with US employers. … Continue Reading

OSC Settles Immigration-Related Discrimination Claim Against Staffing Agency

Intra-agency referrals are exposing employers to increased risk of immigration compliance and enforcement actions. The U.S. Department of Justice Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) has Memorandums of Understanding in place U.S. Citizenship and Immigration Services (USCIS) and U.S. Immigration Customs and Enforcement, among others. As reported previously, OSC has launched … Continue Reading

OSC Guidance on I-9 Over-Documentation

The U.S. Department of Justice Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) enforces the anti-discrimination provisions of the Immigration and Nationality Act (INA). This law prohibits, among other things, document abuse during the Form I-9 employment eligibility verification process. Employers as a best practice should conduct regular self-audits of their I-9s to … Continue Reading

Immigration Event: ‘After Infosys: Are You Compliant?’ Webinar

Following the record-setting Infosys settlement of 2013, the government is turning a careful eye to Information Technology service providers in I-9, H-1B and other areas of visa and immigration compliance. While this increased scrutiny is focused on IT service providers, there are instances where companies may assume liability for the actions of their vendors. This … Continue Reading

GT to Present “Onboarding: Hiring Foreign Nationals” Webinar

The GT Business Immigration & Compliance Practice invites you to attend our “Onboarding: Hiring Foreign Nationals” webinar on Tuesday, December 12, 2013 from 12:30 – 1:30 p.m. ET featuring GT attorneys Nataliya Binshteyn, Ali Brodie and Rebecca Schechter. In today’s global marketplace, many companies are recruiting skilled foreign nationals to join their workforce. While this … Continue Reading

E-Verify Resumes Post-Shutdown Operations; Other Services Remain Closed as Focus Shifts to Immigration Reform

On October 17, 2013, E-Verify resumed operations after being shuttered during the 16-day federal government shutdown, which ended with a last-minute Congressional vote to reopen the government and raise the nation’s debt ceiling limit. However, at the time of this writing, the U.S. Department of Labor’s iCert portal, which processes required Labor Condition Applications (LCAs) … Continue Reading
LexBlog