Immigration Law

Recent Posts

MN Staffing Company Hit With $227K I-9 Fine: USA v. Employer Solutions
Posted on 2 Feb 2015 by Daniel M. Kowalski

Noteworthy : "The parties do not dispute, and the record clearly reflects, that ESSG II’s standard operating procedure was for its personnel in Edina, Minnesota to sign the section 2 attestation after reviewing copies of the employees’... Read More

Why Are I-9 Lessons So Hard to Learn? - The Abercrombie & Fitch Files
Posted on 26 Jun 2015 by Daniel M. Kowalski

You'd think a million-dollar fine would have hammered home the lesson. Nearly five years ago, that's what retailer Abercrombie & Fitch paid ICE to settle an I-9 audit beef. Seems the company's hand-crafted, artisanal electronic I-9 system... Read More

U.S. to Hit Infosys With Record Immigration Fine
Posted on 29 Oct 2013 by Daniel M. Kowalski

"The federal government is set to slap Infosys Ltd. with the largest immigration fine ever, claiming the Indian outsourcing giant illegally placed workers on visitor, rather than work, visas at big corporate clients across the U.S. The government... Read More

Tags: fine , b-2 , visas , H-1B , infosys , I-9

ICE delivers hefty fines for I-9 paperwork errors; a 'money grab'
Posted on 21 Feb 2012 by Daniel M. Kowalski

"Mike Weir remembers the summer day that federal immigration agents came to his small lightning protection company nestled among cow pastures in Katy and asked to review all of his company's hiring paperwork. Weir said he knew what auditors... Read More

Tags: audit , fine , Houston , I-9

How Much Money Did DOJ (EOIR) and DHS (ICE) Spend to Collect This $500 I-9 Fine?
Posted on 28 Dec 2014 by Daniel M. Kowalski

A small convenience store in Maine failed to prepare I-9 forms for two employees, both related to the owner and known to be U.S. citizens. In the end, OCAHO levied a fine of $500. Do the rough math, totaling up the per diem salaries of the ICE investigators... Read More

Tags: keegan , fine , ocaho , I-9

I-9 bust at Mich. dairy farm leads to probation for owners, almost $3M in fines
Posted on 9 Nov 2011 by Daniel M. Kowalski

"The owners of Aquila Farms, LLC, were sentenced Tuesday to three years of probation and ordered to pay fines totaling $234,000 for hiring [unauthorized] aliens and aiding and abetting each other to do so. The convictions were the result of an... Read More

Wash. Herb Grower Fined $1M for Knowingly Hiring Unauthorized Workers; Company Hired and Concealed Workers During I-9 Audit
Posted on 3 May 2012 by Daniel M. Kowalski

"A Washington-based supplier of fresh organic herbs to nearly 2,700 grocers was sentenced Tuesday to $1 million in criminal fines and probation for hiring [unauthorized] aliens...'In the midst of an I-9 administrative audit, HerbCo hired... Read More

Tags: audit , fine , I-9 , ICE

OCAHO Reduces I-9 Fine from $26.8K to $10K - Natural Environmental
Posted on 19 Aug 2013 by Daniel M. Kowalski

"The government requests penalties at the rate of $1075.25 for each violation, an amount that falls short of the maximum permissible by only $24.75. Our case law suggests, however, that penalties so close to the maximum should be reserved for violations... Read More

OCAHO Reduced I-9 Fine from $168K to $22K - USA v. Foothill Packing, Inc.
Posted on 23 Jan 2015 by Daniel M. Kowalski

"The amended complaint asserts in Count I that Foothill hired 382 individuals for whom the company either failed to ensure each employee properly completed section 1 of Form I-9 or failed itself to properly complete section 2 or 3 of the form. Count... Read More

Tags: fine , ocaho , foothill , I-9 , Lake

OCAHO Cuts I-9 Fine in Half: USA v. McPeek Racing Stables
Posted on 29 Apr 2015 by Daniel M. Kowalski

"Count I alleges that McPeek failed to prepare I-9s for sixty-two employees within three business days of their respective dates of hire and/or failed to present I-9s for them upon request by the government. Count II alleges that the company failed... Read More

Tags: mcpeek , stables , fine , ocaho , I-9

Lessons from Ketchikan
Posted on 31 Oct 2011 by 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... Read More

OCAHO Cuts I-9 Penalty in Half: USA v. Romans Racing Stables, Inc.
Posted on 24 Oct 2014 by Daniel M. Kowalski

"ICE’s motion seeks summary decision as to liability and the imposition of penalties totaling $150,535 . The government acknowledges that RRS is a small business with no history of previous violations, and does not contend that the company... Read More

Tags: fine , ocaho , romans , I-9

OCAHO Reduces I-9 Fine from $22K to $9K: USA v. New Outlook Homecare
Posted on 20 Feb 2014 by Daniel M. Kowalski

"The total penalty sought was $21,598.50. ... Given the nature of the business and considering the record as a whole in light of the general public policy of leniency toward small entities set out in the Regulatory Flexibility Act, 5 U.S.C. §... Read More

Tags: fine , ocaho , penalty , I-9 , homecare

Negotiate with ICE – Reduce Those I-9 Fines!
Posted on 4 Feb 2013 by Daniel M. Kowalski

"If none of your clients have received a Notice of Intent to Fine (NIF), congratulations! When you do receive your first NIF from a client or a potential client, the process can be overwhelming for the client and for you as counsel. If you are retained... Read More

Tags: fine , negotiate , I-9

OCAHO Reduces I-9 Fine from $16K to $10.5K - USA v. Frio County Partners, Inc.
Posted on 25 Apr 2016 by Daniel M. Kowalski

USA v. Frio County Partners, Inc., Apr. 22, 2016 - "ICE charged FCP with failing to ensure proper completion of section 1 of the Employee Eligibility Verification Form I-9 and/or failing to properly complete section 2 or section 3 of the Form I-9... Read More

Tags: frio county , fine , ocaho , I-9