Immigration Law

Recent Posts

OCAHO Levies $136K Penalty for I-9 Violations
Posted on 3 Jun 2021 by Daniel M. Kowalski

USA v. Psychosomatic Fitness "[T]he parties do not dispute that Respondents violated 8 U.S.C. § 1324a(1)(B). At issue before the Court is the appropriate penalty in this case. ... [T]he Court notes with concern that Respondents provided a... Read More

Tags: ocaho , I-9

DACA Form I-9 News (Jan. 4, 2021)
Posted on 5 Jan 2021 by Daniel M. Kowalski

USCIS, Jan. 4, 2021 - Completing Form I-9 for Employees with Extended Work Authorization under DACA "When completing Form I-9, employees may choose to present their unexpired Form I-766, Employment Authorization Document (EAD) with Category code... Read More

Tags: daca , I-9

USCIS Extends Form I-9 Flexibility
Posted on 20 Aug 2020 by Daniel M. Kowalski

USCIS, Aug. 19, 2020 "The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification... Read More

Tags: I-9 , USCIS , DHS , ICE

DHS Modifies I-9 Practices Due to COVID-19
Posted on 4 May 2020 by Daniel M. Kowalski

USCIS, May 1, 2020 " COVID-19 Temporary Policy for List B Identity Documents Because many areas are under stay-at-home orders due to COVID-19 and some online renewal services have restrictions, employees may experience challenges renewing a state... Read More

Tags: COVID-19 , I-9 , USCIS

USCIS Q&A re I-9s, E-Verify (Apr. 3, 2020)
Posted on 6 Apr 2020 by Daniel M. Kowalski

USCIS, Apr. 3, 2020 "Questions and Answers Related to Temporary Policies for Form I-9 and E-Verify Questions about Form I-9 Requirements Q1. Can you provide an overview of changes to Form I-9 requirements due to COVID-19 and... Read More

Tags: I-9 , E-Verify , USCIS

DHS announces flexibility in requirements related to Form I-9 compliance
Posted on 24 Mar 2020 by Daniel M. Kowalski

DHS, Mar. 20, 2020 "Due to precautions being implemented by employers and employees related to physical proximity associated with COVID-19, the Department of Homeland Security (DHS) announced today that it will exercise discretion to defer the... Read More

Tags: COVID-19 , I-9 , DHS

USCIS Releases New Form I-9
Posted on 31 Jan 2020 by Daniel M. Kowalski

Federal Register / Vol. 85, No. 21 / Friday, January 31, 2020 "U.S. Citizenship and Immigration Services (USCIS) is announcing a new version of Form I–9, Employment Eligibility Verification. Employers must use Form I–9 to verify the... Read More

Tags: I-9 , USCIS

DOJ Settles I-9 Beef for $159K
Posted on 14 Aug 2019 by Daniel M. Kowalski

DOJ, Aug. 13, 2019 "The Department of Justice announced today that it has reached a settlement agreement with four car reconditioning companies in California: Automotive Creations, Inc., Dynamic Auto Images, Inc., Prestige Auto Specialists, Inc... Read More

Tags: Justice Department , I-9

OCAHO Cuts I-9 Fine in Half: USA v. Holtsville
Posted on 9 Sep 2015 by Daniel M. Kowalski

"Count I of the Complaint alleges that the company hired twenty-seven individuals for whom it failed to prepare and/or present Employment Eligibility Verification Forms (Forms I-9) and assesses a fine of $26,554. Count II of the Complaint alleges... Read More

Tags: ocaho , holtsville , I-9 , sbrefa

OCAHO Reduces I-9 Fine from $15.4K to $6.7K: USA v. Clean Sweep
Posted on 3 Sep 2014 by Daniel M. Kowalski

"This is an action pursuant to the employer sanctions provisions of the Immigration and Nationality Act (INA), as amended by the Immigration Reform and Control Act of 1986 (IRCA), 8 U.S.C. § 1324a (2012), in which the United States Department... Read More

Tags: clean sweep , fine , ocaho , I-9

In Latest OCAHO Boondoggle, ICE Extracts $5,400 I-9 Fine from Dentist - USA v. Robert Schaus, D.D.S.
Posted on 8 Jan 2015 by Daniel M. Kowalski

No unauthorized aliens were found in this ICE I-9 audit. The dental office is a sole proprietorship with no previous immigration violations. ICE wanted $10,030 in fines. OCAHO cut it back to $5,400. How many tax dollars were spent on this boondoggle,... Read More

Tags: audit , ocaho , dentist , schaus , I-9 , ICE

OCAHO Reduces I-9 Fine from $77K to $41K: USA v. Fowler Equipment Co., Inc.
Posted on 26 Feb 2013 by Daniel M. Kowalski

"Considering the record as a whole and the statutory factors in particular, the proposed assessment appears unduly harsh and will be adjusted as a matter of discretion to a result closer to the mid-range of permissible penalties. The seventeen violations... Read More

Tags: ocaho , penalties , fowler , I-9

OCAHO Reduces I-9 Fine from $89K to $36K - USA v. International Packaging
Posted on 8 Dec 2016 by Daniel M. Kowalski

OCAHO, Dec. 6, 2016 - "[T]he government proposed a total civil monetary penalty of $88,825.00 for the ninety-five violations alleged in the complaint. ... I find that in the exercise of discretion, the proposed penalty in this case should be reduced... Read More

Tags: ocaho , international , I-9

2014 Form I-9 Penalty Trends from OCAHO Decisions - Bruce Buchanan
Posted on 23 Mar 2015 by Daniel M. Kowalski

"In 2014, there were significantly fewer decisions issued by Office of Chief Administrative Hearing Officer (OCAHO) related to potential I-9 violations than in 2013. There were only 17 decisions in 2014 while there were 30 decisions in 2013. (A few... Read More

Tags: trends , buchanan , ocaho , I-9

Continue to Use the Current Form I-9 for Employment Eligibility Verification: USCIS
Posted on 13 Aug 2012 by Daniel M. Kowalski

Continue to Use the Current Form I-9 for Employment Eligibility Verification U.S. Citizenship and Immigration Services sent this bulletin at 08/13/2012 08:00 AM EDT Until further notice, employers should continue using the Form I-9 currently... Read More

Tags: I-9 , USCIS

  • Blog Post: Book Review: Immigration Enforcement: I-9 Compliance Handbook

    Daniel M. Kowalski
    Immigration Enforcement: I-9 Compliance Handbook, by Ann Allott, Daniel M. Kowalski, and Camille Griffin 215 pp.; $29 LexisNexis Matthew Bender, 2009. Reviewed by Marlin W. Burke, The Colorado Lawyer December 2009 Vol. 38, No. 12 [Page 77]. © 2009 The Colorado Lawyer and Colorado Bar Association...
    on 3 Dec 2009

  • Blog Post: DOJ Sues Employer for Requiring Document Not on Form I-9 List

    Daniel M. Kowalski
    "Justice Department prosecutors, acting in conjunction with the Office of Special Counsel for Immigration-Related Unfair Employment Practices, have filed a lawsuit against a medical services provider with skilled nursing facilities throughout California. The Government alleges in the September...
    on 6 Oct 2011

  • Blog Post: OCAHO levies $173K fine on drywall company for I-9 violations

    Daniel M. Kowalski
    "KDS is directed to pay penalties totalling $173,250.00." USA v. Ketchikan Drywall Services, Inc., Aug. 11, 2011 .
    on 6 Oct 2011

  • Blog Post: Lessons from Ketchikan

    Daniel M. Kowalski
    "Recently, the Department of Justice, Office of the Chief Administrative Hearing Officer (OCAHO) published a precedent decision ( United States of America v. Ketchikan Drywall Services, Inc. ) regarding liability for Form I-9 mistakes and omissions. As with previous such cases, the decision...
    on 31 Oct 2011

  • Blog Post: More Lessons from Ketchikan

    Daniel M. Kowalski
    "Today, we’ll wrap up our review of the Ketchikan case and provide some takeaways for organizations that are ready to clean their I-9 house." - John Fay, Oct. 31, 2011 .
    on 1 Nov 2011

  • Blog Post: Peering over the I-9 event horizon

    Daniel M. Kowalski
    Veteran I-9 explorer John Fay returns from an expedition to report on Things to Come . Nov. 1, 2011.
    on 2 Nov 2011

  • Blog Post: Employers Around the Country Report a New Round of ICE I-9 Audits

    Daniel M. Kowalski
    "The calls from clients who received visits from Department of Homeland Security’s Immigration and Customs Enforcement (ICE) agents started to trickle in last Thursday afternoon. Although nothing has been announced, we have reason to believe that ICE is conducting a new round of audits...
    on 7 Nov 2011

  • Blog Post: OCAHO on I-9 violations: Alyn Industries

    Daniel M. Kowalski
    "The complainant’s motion for summary decision is granted as to liability, and granted as modified with respect to penalties. Alyn Industries, Inc. is directed to pay a total of $43,000 in civil money penalties. All other pending motions are denied. The parties are free to negotiate a payment...
    on 17 Nov 2011

  • Blog Post: I-9 abuse lawsuit: USA v. UCSD Medical Center

    Daniel M. Kowalski
    USA v. University of California, San Diego Medical Center , filed with OCAHO on Dec. 6, 2011, alleging Respondent demanded specific, more and different documents from non-citizens for I-9 completion.
    on 7 Dec 2011

  • Blog Post: In search of fraudulent documents – Does the I-9 process really require employers to be enforcers?

    Daniel M. Kowalski
    "Do we really want an employer determining if an individual has presented appropriate documentation for the I-9 process based on trying to count the right number of imbedded pixels or photos imprinted on the green card?" - Sharon Mehlman and Kimberley Best Robidoux, Nov. 28, 2011 .
    on 1 Jan 2012

  • Blog Post: The Merger and Acquisition Process: Staying I-9 Compliant

    Daniel M. Kowalski
    "Amidst the excitement of a merger or an acquisition, the challenges of staying I-9 compliant can easily be overlooked, particularly since most attorneys managing the M&A process are not traditionally immigration or employment attorneys, and the transaction itself can be lengthy and...
    on 30 Jan 2012

  • Blog Post: Pre I-9 Audit Planning: Prepare for the Worst and Hope for the Best (Part 1 of 2)

    Daniel M. Kowalski
    "An employer’s first task is to identify the worst possible outcomes of an audit based upon the employer’s individual company characteristics. The best way to do this is to sit down with experienced audit counsel who can assist in developing the worst case scenario list. If there...
    on 21 Feb 2012

  • Blog Post: DOJ Settles Employment Discrimination I-9 Case

    Daniel M. Kowalski
    " The Justice Department and Puerto Rico-based Indrescom Security Technology Inc. have agreed to settle allegations that the company discriminated against a work-authorized individual during the Employment Eligibility Verification Form I-9 process by requiring him to present a lawful permanent...
    on 23 Mar 2012

  • Blog Post: I-9 News

    Daniel M. Kowalski
    The OSC has been busy , settling two cases, one in Puerto Rico and one in California . And USCIS is floating a new draft I-9 revision for comment. Stay tuned!
    on 29 Mar 2012

  • Blog Post: OCAHO on I-9 violations: Pegasus Restaurant

    Daniel M. Kowalski
    "The permissible penalties in this case range from a low of $14,740 to a high of $148,740, and the government has proposed penalties that are very close to the highest available. Giving due regard to the record as a whole and to the statutory criteria, the penalties proposed appear excessive in...
    on 5 Apr 2012

  • Blog Post: OCAHO on 'constructive knowledge' for I-9 purposes

    Daniel M. Kowalski
    "Context matters. The totality of the circumstances matters. Inferences are drawn from facts, not from legal syllogisms and not from the air. The undisputed facts presented here are that [X] made a commitment in 2000 to reverify the employment eligibility of 34 named individuals, and that three...
    on 3 Jun 2012

  • Blog Post: Software or Wetware to Blame in Rose Acre Case?

    Daniel M. Kowalski
    "During the past couple of years, we’ve seen dozens of OSC settlement agreements with employers who went “too far” in their quest to comply with I-9 verification obligations. In most if not all such cases, the employer made a habit of requesting specific (or additional) documentation...
    on 3 Jul 2012

  • Blog Post: Minn. Ct. App. on 8 U.S.C. Sec. 1324a(b)(5) - State v. Reynua II

    Daniel M. Kowalski
    Bruce D. Nestor writes: "In a 2011 decision, the Minn. Court of Appeals reversed a state perjury conviction based on a false statement on an I-9 form, concluding that 8 USC 1324a(b)(5) and federal law in general preempts a state prosecution relying upon the I-9 form. However, that 2011 decision...
    on 23 Jul 2012

  • Blog Post: Latest I-9 Decisions from OCAHO

    Daniel M. Kowalski
    United States v. Four Seasons Earthworks, Inc. 06/07/12 10 OCAHO No. 1150 (technical vs. substantive violations; downward adjustment of penalty) United States v. Associated Painters, Inc. 05/30/12 10 OCAHO No. 1151 (constructive knowledge) United States v. Stanford Sign and Awning, Inc. 06/21/12...
    on 30 Jul 2012

  • Blog Post: Continue to Use the Current Form I-9 for Employment Eligibility Verification: USCIS

    Daniel M. Kowalski
    Continue to Use the Current Form I-9 for Employment Eligibility Verification U.S. Citizenship and Immigration Services sent this bulletin at 08/13/2012 08:00 AM EDT Until further notice, employers should continue using the Form I-9 currently available on the forms section of http://www.uscis...
    on 13 Aug 2012

  • Blog Post: ICE Releases Guidance on Evaluating Electronic I-9 Systems

    Daniel M. Kowalski
    "On October 2, 2012, the US Immigration and Customs Enforcement (ICE) released the first-ever official guidance document for evaluating electronically generated and stored I-9 records during an audit. Obtained by LawLogix last week, the 4-page document from ICE headquarters provides guidance to...
    on 11 Oct 2012

  • Blog Post: ICE on Electronic I-9 Audit Trails

    Daniel M. Kowalski
    "In the course of Employment Eligibility Verification Form 1-9 inspections, Homeland Security Investigations (HSI) special agents and auditors are increasingly encountering businesses that utilize electronically generated Forms 1-9. This memorandum provides guidance to the HSI field offices on the...
    on 12 Oct 2012

  • Blog Post: OCAHO Reduces I-9 Fine from $87K to $17K

    Daniel M. Kowalski
    "ICE’s motion for summary decision sought penalties in the amount of $86,933.00 and offered in support the Declaration of Karen Rahlf, Forensic Auditor, dated October 18, 2011 and an accompanying Memorandum to Case File Determination of Civil Monetary Penalty. The government asserts that the...
    on 20 Nov 2012

  • Blog Post: OCAHO on a Roll, Reduces More I-9 Penalty Amounts

    Daniel M. Kowalski
    "The Office of the Chief Administrative Hearing Officer (OCAHO) has issued a number of decisions in the past few weeks that support a trend of reducing penalty amounts. The employers include March Construction, Inc. , Forsch Polymer Corp. , BKR Restaurants (dba Burger King), and Barnett Taylor ...
    on 17 Dec 2012

  • Blog Post: OCAHO Reduces I-9 Fine from $13K to $5K: USA v. Taste of China

    Daniel M. Kowalski
    "Considering the record as a whole, the only factor not weighing in the company’s favor is the seriousness of the violations. The penalties requested are so near the maximum permissible as to appear disproportionate to the size and resources of the business, particularly in light of its character...
    on 24 Jan 2013