Tag Archives: immigration compliance

ICE Chief Announces Significant Increase in Worksite Enforcement Actions and Promises Arrests of Undocumented Workers

Tom Homan, the Acting Director of Immigration and Customs Enforcement (ICE), has ordered ICE’s Homeland Security Investigations (HSI) unit to increase the amount of time it spends on worksite enforcement actions “by four or five times,” consistent with the Trump administration’s stated goal of curbing illegal immigration. Notably, Acting Director Homan also announced a marked … Continue Reading

Employer’s Use of E-verify is Not a Substitute for Completing I-9 Forms, Fined More Than $200K in Civil Penalties

In the Final Decision and Order dated April 27, 2016, Administrative Law Judge Ellen K. Thomas ordered Golden Employment Group, Inc. (Golden Employment), a staffing and temporary-employment company, to pay $209,600 in civil penalties for 465 Form I-9 violations. Golden Employment, which receives between 2,000 and 3,000 applications each year and has more than 20,000 … Continue Reading

BALCA Reverses PERM Denial, says Employer Complied with Supervised Recruitment Instructions

In Matter of SDG Post Oak, the employer was issued a notice of supervised recruitment by the Atlanta National Processing Center (ANPC). After the draft recruitment was approved by the ANPC, the employer placed an online advertisement on online job listing forums. The duty requirement field of the advertisement properly listed the minimum experience as … Continue Reading

Recent and Important BALCA Decisions for Employers

The Board of Alien Labor Certification Appeals (“BALCA”) recently issued two decisions employers should note. First, in Matter of Mphasis Corporation, BALCA reversed a denial of a PERM labor certification issued by the Certifying Officer (“CO”) on the grounds that the Employee Referral Program (“ERP”) recruitment step was properly started. The underlying challenge was the … Continue Reading

Greenberg Traurig Webinar Covers ‘Everything You Want to Know About Immigration Compliance’

Last week, Greenberg Traurig Immigration attorneys Ian Macdonald, Scott Decker and Kristen Burke hosted the immigration compliance webinar, “Everything You Want to Know About Immigration Compliance and Enforcement but Dare Not Ask!” Macdonald, Decker and Burke addressed how U.S. employers with a global workforce are faced with navigating the daunting maze of U.S. immigration compliance … Continue Reading

Hiring Undocumented Workers May Cost Companies Their Healthcare Plans

Employers concerned about incurring fines or criminal liability for hiring undocumented workers now face a new challenge: large healthcare payouts and contract litigation when stop loss carriers refuse to honor claims arising from an undocumented employee’s policy. In a recent case before a U.S. District California Court, a small business sued its stop-loss carrier to … Continue Reading

Canada Introduces More Rigorous Requirements for Work Permits in Attempt to Increase Immigration Compliance

In our previous posts regarding Canada, we discussed the numerous changes in immigration laws and regulations being implemented in the country.  As seems to be the theme with many countries around the world, including the United States, Canada has taken steps to increase its focus on immigration compliance across major industries and implemented measures designed … Continue Reading

Chinese Authorities Tighten Enforcement Under New Immigration Law; Companies Urged to be Proactive

As update to our recent blog on China, clients are inquiring into why immigration enforcement and compliance in China is on the increase, yet favorable work authorization measures for foreign workers are being implemented by authorities at the same time. We don’t see these two initiatives at odds with each other; rather China is improving … Continue Reading

Migration to the UK Increases Despite the Enforcement of Harsher Immigration Laws

Over the last several months, the UK government has taken steps to increase immigration compliance in the United Kingdom.  The government passed an immigration bill in May 2014, with many of its provisions scheduled to go into effect throughout the year. The most recent of these provisions impact residential landlords and will go into effect … Continue Reading

ICE Fines Luxury Hotel $1.9 Million for Undocumented Workers

Immigration Customs and Enforcement (ICE) announced yesterday that a Salt Lake City-based hotel was fined $1.9 million in connection with hiring undocumented workers. This case involved an alleged conspiracy between lower-level employees and mid-level managers to hire undocumented workers intentionally by creating temporary employment agencies to rehire 43 undocumented workers. The conspiracy was identified by … Continue Reading

Africa’s Climb in the World Market and the Ancillary Impact on Immigration Compliance

U.S. exports to Africa have increased substantially over the last several years.  A U.S. Department of Commerce report showing the top U.S. trade partners shows a 27.1% increase in exports to Nigeria in the last year alone.  In contrast, other regions of the world show a negative growth in exports from the U.S., including the … Continue Reading
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