Tag Archives: DOJ

Supreme Courts Rejects Expedited Review of DACA Case

On Feb. 26, the U.S. Supreme Court denied the Department of Justice’s petition for writ of certiorari in a Ninth Circuit DACA Case. The Court took the unusual step of encouraging the federal court to act stating “It is assumed the Court of Appeals will proceed expeditiously to decide the case.” This action means that … Continue Reading

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

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

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
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