Employers navigating the I-9 employment eligibility verification process for new hires are confronted with a gauntlet of confusing rules, standards, and exceptions to the rules that some have opined are deliberately designed to make the innocuous looking one-page form a magnet for errors. Such cynics cite the year-over-year increases in civil fines being levied by
Immigration-Status, National Origin Discrimination in Employment according to Justice Department
By Jackson Lewis P.C. on
Posted in US Immigration
The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (responsible for enforcing the anti-discrimination provisions of the Immigration and Nationality Act) has released a Fact Patterns Flyer.
The flyer provides examples of recent OSC prosecutions that resulted in employer-paid settlements to the Department of Justice for what the agency describes…
Record Penalty Assessed on I-9 Process Violation
By Amy L. Peck on
Posted in US Immigration, USCIS
The Department of Justice has announced a record anti-discrimination settlement agreement with Farmland Foods, Inc. involving allegations that the company engaged in a pattern or practice of discrimination during the I-9 process. According to the DOJ, Farmland, a major U.S. producer of pork products, allegedly required newly hired non-U.S. citizens and some foreign-born U.S. citizens…
Summer 2011 Worksite Enforcement Update – ICE Brings Heat and Fines to New England
By Jackson Lewis P.C. on
Posted in US Immigration
The United States Immigration and Customs Enforcement (“ICE”) has announced that, as at July 21, 2011, it has fined 14 employers in New England this year for hiring illegal aliens in violation of law.
The companies were the subject of an investigation and audit of their Form I-9 documents, which is part of ICE’s ongoing…
A Federal E-Verify Mandate Soon?
By Jackson Lewis P.C. on
Posted in I-9 and E-Verify, USCIS
As more and more states pass legislation mandating use of E-Verify, a federal E-Verify mandate seems inevitable. Recently, Representative Lamar Smith introduced the first attempt at such a federal mandate, the Legal Workforce Act.
The Legal Workforce Act would preempt existing state E-Verify laws and repeal the current paper Form I-9 system, replacing it with…
Key Questions For Employers Using Electronic I-9 Vendors
By Nicola Ai Ling Prall on
Posted in I-9 and E-Verify, US Immigration
With employers’ increased use of electronic Forms I-9 and more states mandating use of E-Verify, a number of electronic I-9 and E-Verify vendors are offering services to help employers with these demands. However, difficulty can arise for employers if the ownership of data and the terms of that ownership are not clear, as illustrated by…
ICE to Issue 1,000 Audit Notices to Employers, Focus on Infrastructure Safety
By Jackson Lewis P.C. on
Posted in I-9 and E-Verify
The Department of Homeland Security’s Immigration and Customs Enforcement (ICE) office has announced it will notify 1,000 employers across the country the agency will audit their hiring records to determine compliance with employment eligibility verification laws. These Notices of Inspection (NOIs) often request not only I-9 documentation, but payroll records, copies of immigration filings, copies…
Final Rule on Form I-9 Published
By Nicola Ai Ling Prall on
Posted in USCIS
On April 3, 2009 USCIS published an interim rule intended to improve the integrity of the Employment Eligibility Verification (Form I-9) process. This interim rule made several key changes to the Form I-9 process, including requiring employers to accept only unexpired documents, deleting outdated documents from the list of acceptable documents, and adding documentation applicable…
OCAHO Reduces Fines Sought by ICE after I-9 Audit
By Nicola Ai Ling Prall on
Posted in US Immigration
With news of record-breaking immigration enforcement results and the new Employment Compliance Inspection Center, pressure on employers regarding Form I-9 compliance may seem unrelenting. However, a recently published decision by the Office of the Chief Administrative Hearing Officer appears to give employers greater negotiating power, a glimmer of good news.
The Office of the…
ICE Issues 1,000 Audit Notices to Employers in February
By Jackson Lewis P.C. on
Posted in General
The Department of Homeland Security’s Immigration and Customs Enforcement (ICE) office has told 1,000 employers across the country the agency will audit their hiring records to determine compliance with employment eligibility verification laws. These Notices of Inspection (NOIs) often request not only I-9 documentation, but payroll records, copies of immigration filings, copies of Social Security…