Tag Archives: DOJ

Agencies Open H-1B Cap Season with Initiatives to Combat Fraud and Abuse

The U.S. immigration agency’s busiest day of the year was marked with reminders about the dark side of the H-1B visa program.  Acceptance of H-1B cap-subject petitions started on April 3, 2017. But the flurry of H-1B filings were met with announcements from agencies involved with the H-1B program about measures designed to tighten policies … Continue Reading

U.S. Department of Justice Announces Proposed Rulemaking Revisions to Grounds for and Investigations of Unfair Immigration-Related Employment Practice Allegations

The U.S. Department of Justice (DOJ) has issued a notice of proposed rulemaking seeking to incorporate the intent requirement found in Section 274B(a)(6) of the Immigration and Nationality Act (INA), which sets forth the prohibition on unfair documentary practices during the hiring and recruitment or referral for a fee process, into the Code of Federal Regulations, namely … Continue Reading

OSC Issues Updated Guidance on Internal I-9 Audits and Determining Validity of Documentation Provided

The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) issued an updated Technical Assistance Letter (TAL) on Jan. 7, 2016, relating to an employer’s internal Form I-9 audit procedures. The TAL addresses: 1) an employer’s obligation to prevent discrimination in compliance with the anti-discrimination provision of the Immigration Reform and Control Act (IRCA);  … Continue Reading

Intra-agency Initiative Produces Guidance on Internal I-9 Audits, Worker Protections

The Department of Justice’s (DOJ) Civil Rights Division and the Department of Homeland Security’s U.S. Immigration and Customs Enforcement (ICE) teamed up to address common questions that arise when employers conduct internal reviews of their Forms I-9. The guidance is intended to help employers conduct their audits properly, and ensure they do not discriminate against … Continue Reading

DOJ Office of Special Counsel Provides Guidance Related to E-Verify, Internal I-9 Audits, and the INA’s Anti-Discrimination Provision

The U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) recently issued two Technical Assistance Letters (TAL) that provide guidance on the Immigration and Nationality Act’s (INA) anti-discrimination provision and its applicability in situations involving the use of the E-Verify program and internal I-9 audits. On August 24, 2015, the … 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

U.S. Department of Justice Announces New Settlement Agreements Resolving Allegations of Citizenship Status Discrimination

On January 30, 2014, the U.S. Department of Justice (DOJ) announced a settlement agreement resolving allegations that the City of Waterloo, Iowa excluded a non-U.S. citizen from a firefighter position due to his citizenship status. The Department’s investigation revealed that the City improperly restricted firefighter positions to U.S. citizens, contrary to the anti-discrimination provision of … Continue Reading

Record-Setting Settlement Against Tech Giant Accused of Misusing B Visas Also Reveals Systematic Form I-9 Violations

As previously reported on October 29, 2013, the U.S. Department of Justice (DOJ) and U.S. Department of State (DOS) recently announced a record-setting fine against Infosys, a leading India-based technology, consulting and outsourcing company and one of the largest employers of H-1B visa holders, for misusing the B visa program to unlawfully employ foreign national … Continue Reading

Reminder from OSC – Don’t Reverify Permanent Residents!

Normally, when an employee’s work authorization document is expiring, an employer must reverify the employee’s work authorization for Form I-9 purposes. There are two exceptions to the re-verification requirement: an expired U.S. passport and an expired Permanent Resident Card. In a recent Technical Assistance Letter dated September 5, 2013, the Department of Justice’s Office of … Continue Reading

Yet Another Strike Against Form I-9 Prepopulation

The Department of Justice’s Office of Special Counsel (OSC) for Immigration-Related Unfair Employment Practices has joined the growing chorus of government agencies speaking out against the practice of prepopulating Section 1 of Forms I-9. In a recent Technical Assistance Letter (TAL), the OSC discourages the use of prepopulation citing concerns about Section 1 containing inaccurate … Continue Reading

U.S. Department of Justice Announces Settlement Resolving Allegations of Anti-Discrimination Violations by Texas Company

On May 23, 2013, the U.S. Department of Justice (DOJ) announced a settlement agreement with ISS Facility Services Company (ISS) resolving allegations that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by requiring non-citizen employees to present specific documents evidencing identity and work authorization while exempting U.S. citizen employees from … Continue Reading

DOJ Announces Settlement With Georgia Employer Over Immigration-Related Discriminatory Employment Practices

On March 25, 2013, the U.S. Department of Justice (DOJ) announced that it had a reached a settlement agreement with Poulan Pecan, a pecan supplier based in Poulan, Georgia, to resolve allegations that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA). The department’s investigation, which started with a hotline referral, … Continue Reading

DOJ Announces Settlement Resolving Alleged INA Violations by Health Care Company

On February 8, the DOJ announced that it had reached an agreement with Avant Healthcare Professionals LLC ("Avant"), a health care staffing company based in Florida, to resolve allegations that the company had posted hundreds of Internet-based job openings that impermissibly favored foreign-trained workers seeking permanent residence or H-1B visa sponsorship over U.S. employees. Under the terms of the settlement, Avant will pay $27,750 in civil penalties, amend its internal policies and written procedures to comply with the INA's anti-discrimination provisions, and be subject to a reporting and compliance monitoring requirement for a period of three (3) years.… Continue Reading

DOJ Files Employment Discrimination Lawsuit Against Agricultural Employer

On September 11, the Department of Justice (DOJ) filed a motion to intervene in a lawsuit filed with the Office of the Chief Administrative Hearing Officer (OCAHO), a subset of the DOJ's Executive Office for Immigration Review, by two U.S. citizens against Jerry Estopy, d/b/a Estopy Farms, a sorghum and soy farm based in McAllen, Texas.… Continue Reading

DOJ Announces Settlement with Illinois Company Over Citizenship Status Discrimination

On August 22, the Department of Justice (DOJ) announced a settlement agreement with Microlink Devices, an Illinois-based manufacturer of semiconductors and solar cells, over claims that the company violated the anti-discrimination provisions of the Immigration and Nationality Act (INA) in six job postings that indicated an explicit citizenship status preference or excluded certain work-authorized non-citizens from consideration. The settlement agreement was reached prior to the filing of a formal complaint by the DOJ.… Continue Reading

DOJ Announces Settlement with Specialty Food Company Over Discriminatory Document Practices

On July 20, the Department of Justice (DOJ) announced a settlement agreement with United Natural Foods, Inc. (UNFI) over allegations that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by impermissibly re-verifying the work authorization of legal permanent residents and requiring certain non-citizen workers to present specific documentation during the Form I-9 completion process.… Continue Reading

DOJ Office of Special Counsel Files Lawsuit Against Hotel and Casino for Discriminatory Hiring Practices During Employment Verification and Re-Verification Processes

On May 31, 2012, the Department of Justice filed a lawsuit against Tuscany Hotel and Casino, LLC in Las Vegas, alleging that the company engaged in discrimination during the employment eligibility verification of new employees and the re-verification of work eligibility for existing employees.… Continue Reading
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