On July 1, 2013, USCIS announced its latest “customer service enhancement” to E-Verify. If an employee voluntarily provides his or her email address on the Form I-9, E-Verify will notify the employee directly of a Tentative Non- Confirmation (TNC) at the same time it notifies the employer. Given that E-Verify monitors how an employer
Federal Agencies to Cooperate To Increase Prosecutions for Immigration Related Unfair Employment Practices and Unfair Labor Practice Charges
By Thomas V. Walsh on
Posted in US Immigration
AUTHOR: Harry J. Joe.
The United States Department of Justice announced on July 8, 2013 that its Civil Rights Division’s Office of Special Counsel for Immigration – Related Unfair Employment Practices (OSC) has entered into a Memorandum of Understanding (MOU) with the National Labor Relations Board that will allow both agencies to share information, to
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Good Faith Not a Defense to Substantive I-9 Violations
By Jackson Lewis P.C. on
Posted in US Immigration
AUTHOR: Harry J. Joe.
An employer who failed to complete an I-9 Employment Eligibility Verification Form within three days of an employee’s start date commits a substantive violation for which the good faith defense is not available to mitigate the assessed fine, according to a recent ruling from the Office of the Chief Administrative Hearing
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ICE Met with Pushback in Efforts to Enhance I-9 Civil Penalties
By Jackson Lewis P.C. on
Posted in US Immigration
AUTHOR: Harry J. Joe.
Immigration and Customs Enforcement’s efforts to obtain enhanced civil penalties against employers for Form I-9 violations has met with resistance from the Justice Department’s Office of the Chief Administrative Hearing Officer (OCAHO) in two rulings issued on March 18, 2013.
In the first, United States of America v. Siam Thai
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New Form I-9 Must Be Used Beginning May 7
By Michael H. Neifach on
Posted in US Immigration
On April 9, 2013, U.S. Citizenship and Immigration Services (USCIS) published a notice in the Federal Register clarifying the date by which the new Form I-9 must be used instead of prior versions of the form. Employers are advised that they must use the new Form I-9 beginning on May 7 or they will be…
International Business Traveler Finds No Relief For Computer Damaged By U.S. Government
By Michael H. Neifach on
Posted in US Immigration
A plaintiff has no claim for breach of contract or a Fifth Amendment “taking” for the detention and damage of his laptop computer by U.S. Immigration and Customs Enforcement (ICE), the U.S. Court of Appeals in the Federal Circuit has ruled. Kam-Almaz v. U.S., 2012 U.S. App. LEXIS 12581 (Fed. Cir. June 20, 2012).
Majd…
A DREAM for Employers?
By Jackson Lewis P.C. on
Posted in US Immigration, USCIS
The DREAM Act (Development, Relief, and Education for Alien Minors) is a bipartisan bill that has failed in Congress time and again since its initial proposal in 2001. The basic tenets of the Act would provide conditional temporary residency to certain illegal immigrants if the individuals are of good moral character, have graduated from U.S.
Document Fraud in Workplace Gets A Congressional Hearing
By Jackson Lewis P.C. on
Posted in US Immigration
The prevalence of document fraud in the workplace was the subject of Immigration and Customs Enforcement Deputy Assistant Director Waldemar Rodriguez’s testimony yesterday before the U.S. House of Representatives House Committee on the Judiciary, Subcommittee on Immigration Policy and Enforcement. She noted that because immigration-related crime poses a significant threat to national security and public…
ICE In The Easter Basket
By Jackson Lewis P.C. on
Posted in US Immigration
The Obama administration is launching another round of worksite investigations. ICE officials indicate approximately 500 employers have been visited during the past couple of days by Special Agents who have requested not only the employment verification forms (Forms I-9), but also evidence of the corporate structure, contracts with subcontractors and temporary employment agencies, and payroll…
Worksite Enforcement Update – Employers Revisited by ICE?
By Jackson Lewis P.C. on
Posted in US Immigration
“Hi, this is Kevin."
“Hi Kevin, it’s Sally at ABC Company. We need your help again. ICE Special Agents came by the worksite again today and delivered a Notice of Inspection for our Forms I-9 and supporting documents. They limited the inspection to the I-9s for active AND separated employees hired after their last inspection, …