News & Resources

Preparing for the Reengineering of U.S. Immigration under the Trump Administration

The 2016 presidential election results will have a significant impact in the direction of various employer-related matters, such as health plans, taxes, paid leave, and immigration policy. It remains to be seen whether a Trump administration will actively pursue many of the immigration campaign promises.  Any significant undertakings, such as building a physical wall on the southern border, conducting extreme vetting of certain foreigners, or deporting 11 million undocumented people, will require time, debates and […]

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Employer Fines of $75,600 Relating to I-9 Violations Upheld

In Buffalo Transportation, Inc. v. USA, the 2nd U.S. Cir. Court of Appeals upheld $75,600 in civil penalties assessed by the Office of Chief Administrative Hearing Officer (OCAHO) in an I-9 case. ICE audited the I-9 forms of this employer and found 138 substantive I-9 violations.  The main violations related to failing to properly prepare or present Forms I-9 or failing to complete the I-9s timely (within three days of hiring). ICE levied fines of $935 for each […]

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Employers: An Expired Employment Authorization Document Might Become a Commonly Accepted List A Document for Form I-9

USCIS has published a new rule which aims to improve certain aspects of employment-based immigration. This rule will automatically extend the validity of Employment Authorization Documents (EADs or Form I-766) for certain individuals who apply on time to renew their EADs in the same employment eligibility category.

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Form I-751  Immigration Update

USCIS has 58,700 Form I-751 pending petitions. Processing times for these petitions are 11.5 months out. The Vermont Service Center (VSC) acknowledged that this isn’t where they want to be. They hope that in the next month or two they will increase the number of petitions being processed.  They have 20 workers in training who will be coming back to help with adjudication.  Once the TPS (Texas Service Center) workload eases up, some of those adjudicators […]

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What does the Trump Presidency mean for my immigration process?

Over the last few months, and more since November 9th, I have been asked – what does the Donald Trump Presidency mean for my immigration process? It is unlikely that we will see significant changes to the immigration process in the near term.  In the long term, we are likely to see President-Elect Trump and Congress tackle immigration reform and changes including increased worksite enforcement and I-9 audits, additional security checks for visa processing and increased regulation on work […]

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Employer Ordered to Pay Penalties of $56,150 for I-9 Violations

In U.S. v. Solutions Group International, LLC, OCAHO ordered the employer to pay $56,150 in penalties after accounting for some mitigating factors. After Immigration and Customs Enforcement (ICE) served a Notice of Inspection, the employer, Solutions Group, was unable to produce some I-9 forms and, as to the forms produced, ICE found various sections out of compliance. ICE filed a two-count complaint for: failure to prepare/present I-9 forms and failure to properly complete Section 2.   ICE assessed […]

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