Immigration Blog

Monthly Archives from October 2010

E-Verify Updates

This month, we’re continuing our update on the E-Verify system.  Some employers use designated third party agents to process their E-verify inquiries.  USCIS has noted some concerns with the procedures used by these agents and is working on a new MOU for designated agents.  USCIS has reported that some agents are not using updated forms and are not properly addressing tentative non-confirmations.  Under the new MOU, agents will be required to operate under stricter guidelines […]

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Considerations When Sending Workers Abroad

I recently gave a presentation on international employment and global talent migration at the African Business Summit, held at the University of North Florida on September 17, 2010.  In that presentation, I addressed the complex issues involved in sending employees to work overseas.  In today’s economy, international assignments are increasing as companies expand their global presence.  Sending employees to work abroad can be expensive and the experience often has a high failure rate.  Poor planning […]

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Department of State Issues Travel Warning for Mexico

In September, the Department of State issued a travel warning to U.S. Citizens traveling to or living in Mexico following a startling rise in the number of violent incidents in cities along the U.S. and Mexico border.  While many of the resort areas and tourist destinations see fewer incidents of drug related violence, it is very important for U.S. citizens to recognize the risk and take the necessary precautions to avoid dangerous situations. Drug related […]

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Recent ICE I-9 Audits and DOL Involvement

The Department of Labor and the agency’s Wage and Hour Division (WHD) may have been involved in the recent increase in ICE I-9 worksite inspections.  It is our feeling that DOL and ICE are working collaboratively to identify employers who misclassify foreign nationals as independent contractors.  The recent ICE audits may be a precursor to a planned WHD employee misclassification audit later this year. If an employer receives a Notice of Inspection from ICE, it […]

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False Claims of U.S. Citizenship in I-9 Form Found to be Material

In the case of The United States vs. Josue Osmaro Garcia-Ochoa, the 4th District Court of Appeals recently affirmed the conviction of Josue Osmaro Garcia-Ochoa for falsely claiming to be a citizen of the United States when completing I-9 forms.  Garcia-Ochoa, a Salvador national, entered the U.S. in 1998, and received Temporary Protected Status (TPS) and work authorization.  When completing the I-9 form, he falsely designated himself to be a “citizen or national of the […]

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