News & Resources

Tag: Immigration Compliance

What Immigration-Related Questions Can Employers Ask During the Hiring Process?

Employers often ask me: “What pre-employment questions are permissible to ask to help me determine whether a prospective candidate requires immigration sponsorship?” Employers are prohibited from denying protected individuals employment because of their real or perceived immigration or citizenship status. Until recently, the following two questions were the only accepted questions for pre-hire screening: Are you authorized to work in the U.S.?; and Will you now or in the future require sponsorship for employment visa […]

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What Kind of Changes to Expect in Immigration Compliance

Immigration compliance is a top priority for the new administration, and many changes may be coming soon. One projection is that E-Verify will become mandatory for all employers. Currently, participation is voluntary except for federal contractors or if your state has a mandate. Only time will tell if mandatory E-Verify becomes a reality nationally for all businesses, but two recent enforcement actions may provide us with an idea about the types of changes to immigration […]

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How to Correct Mistakes on the I-9

If an employer conducts an internal audit, sometimes mistakes are uncovered. What are the next steps you should take? Here is what you need to know: If a Form I-9 was never completed or is missing, the current version of the Form I-9 should be completed as soon as possible. 

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Trump Administration Executive Orders on Immigration and Workforce Strategy

As of this writing, the Trump Administration has issued and is expected to continue to issue Executive Orders (EO) relating to immigration including visa issuance, screening procedures, E-Verify, higher H-1B wages and refugees. The intent of these EO is to protect our nation but they are also having the effect of creating confusion, anxiety and delays for foreign nationals and their employers.

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Arizona Company Fined $347,500 for 380 Paperwork I-9 Violations

In USA v. Frimmel Management, OCAHO ordered the employer to pay $347,500 in penalties for 380 paperwork I-9 violations. ICE served this employer with a Notice of Inspection requesting the original Forms I-9 “for all current employees and all former” employees, copies of any identity and employment authorization documents attached to the employees’ Forms I-9, a list of all employees receiving wages, and other related employee and business records.

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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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