Immigration Blog

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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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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E-Verify Updates

A recent meeting between immigration lawyers and representatives of the USCIS Verification Division provided some important updates on the E-Verify system. The Office of Special Counsel and E-Verify have signed an MOU to formalize information sharing between the two agencies.  As a result, the OSC has increased its role in the enforcement of E-Verify policies, specifically regarding discrimination and employer use of the online employment verification system. E-Verify is particularly monitoring employers with high numbers […]

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New Fees in Effect for Some H1-B and L Visas

Petitioning employers who employ 50 or more workers in the United States with more than half of those employees being H1-B or L visa holders are now having to pay higher filing fees of $2,000 for H1-B petitions and $2,500 for L visa petitions. The fee increase is part of a new border security bill signed into law on August 13 and will remain in effect until September 30, 2014.  Petitions postmarked on or after […]

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New Rules for I-9 Forms

The Department of Homeland Security has made some changes to the rules relating to creation and retention of electronic I-9s. The new rules clarify some employers’ concerns and could make the use of electronic I-9s more efficient. The rule, scheduled to take effect August 23, 2010, includes the following: Employers may use paper, electronic or a combination of paper and electronic storage systems; Employers may change electronic file storage systems as long as the new […]

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