The large Indian technology company Infosys has agreed to pay $34 million in a civil settlement after federal prosecutors in Texas alleged it had committed "systemic visa fraud and abuse" when bringing temporary workers to the U.S. on H-1B and B-1 visas. This kind of settlement is the largest ever in a visa case and [...]
U.S. Immigration and Customs Enforcement (ICE) is launching another round of worksite investigations. Recently, ICE has indicated it would conduct another wave of I-9 audits. ICE prioritizes investigations involving critical infrastructure and key resources. However, no industry or company, regardless of size, type or location is exempt from complying with the law and may become [...]
Wednesday, October 30, 2013 12.30-1.30 PM EST The Form I-9 appears deceptively simple, but is fraught with potential compliance issues including financial penalties. Given the intensification of worksite enforcement efforts, it is crucial for employers to assess their I-9 records and practices with an internal audit. This FREE webinar will provide training on how to [...]
Recently published cases appear to demonstrate a distinct trend at the Office of the Chief Administrative Hearing Officer (“OCAHO”)* in drastically reducing ICE's penalty assessments, particularly when the employer is a small business and acted in good faith. One commonality we see in decisions is the consistent cite to, "Penalties approaching the maximum permissible should [...]
Immigration related compliance is an increasing concern for U.S. employers, who are often caught between two federal agencies with opposing interests: ensuring that all workers are authorized for employment in the U.S. and protecting those who are lawfully here from discrimination. The Immigration Reform and Control Act of 1986 (“IRCA”) requires all employers to fill [...]
Many of our readers and clients are already aware and are using the new Form I-9, but it is worth sending another alert to remind that the revised Form I-9 (revision date 03/18/2013) becomes the only acceptable version after May 7, 2013. Please see our recent alert about the changes to the Form I-9. Among [...]
On March 8, 2013, USCIS released a new Employment Eligibility Verification Form I-9. Employers should begin using the new Form I-9 with revision date 03/08/13 immediately for all new hires. However, in order to allow companies to incorporate the new Form into their HR practices, USCIS provided employers with a 60-day grace period. USCIS has [...]
The U.S. Citizenship and Immigration Service ("USCIS") has issued new guidance to employers regarding the employment verification and documentation process for employees with valid and pending Deferred Action for Childhood Arrival (“DACA”) applications. According to recent USCIS figures, there have been approximately 420,000 DACA applications filed and as approvals are starting to be sent out, [...]
The start of the new year is a perfect time to assess corporate compliance with U.S. immigration laws. As Immigration and Customs Enforcement (“ICE”) and the Department of Labor (“DOL”) increase their number of company audits and fines each year, it is important for employers to perform annual audits of their employment law and immigration [...]
Almost all non-US nationals who have traveled to the U.S. at least once are familiar with the little white (or green) card inserted into one's passport upon admission into the U.S. (sample) Many people do not fully realize the significance of the Form I-94 -- most importantly, it records the entry date into the U.S. [...]