Immigration Law

Recent Posts

BALCA on 'Mailbox Rule' - Matter of Lenora Systems
Posted on 16 Apr 2020 by Daniel M. Kowalski

Matter of Lenora Systems "These cases involve application of the “Mailbox Rule” and just when an email is deemed to have been received. ... In denying the Applications based on the Employer’s failure to respond to the audit notification... Read More

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

ICE on Electronic I-9 Audit Trails
Posted on 12 Oct 2012 by 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... Read More

Tags: audit , electronic , I-9

Pre I-9 Audit Planning: Prepare for the Worst and Hope for the Best (Part 1 of 2)
Posted on 21 Feb 2012 by 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... Read More

Tags: brown , audit , I-9

Why Was My PERM Selected For Audit?
Posted on 12 Feb 2014 by Daniel M. Kowalski

"The OFLC Audit Plan presents Audit and Supervised Recruitment Tiers which specify the types of cases that will be targeted for Audit Review and tagged for Supervised Recruitment. As the DOL has indicated, this plan is being released in response... Read More

Tags: plan , perm , audit , pestaina , DOL , oflc

La. Mushroom Farm Forfeits $1M in Harboring Guilty Plea, Post-I-9 Audit: USA v. M.D. Basciani & Sons, Inc.
Posted on 15 Jul 2015 by Daniel M. Kowalski

After an I-9 inspection resulting in the firing of many unauthorized workers, the company rehired workers under different names and/or using false documents. DOJ July 14, 2015 press release here . Factual Basis, Case 2:15-cr-00156-JCZ-JCW Document... Read More

EB-5 Audit Report: DHS OIG Gives USCIS Low Marks
Posted on 26 Dec 2013 by Daniel M. Kowalski

"Our audit objective was to determine whether the USCIS’ Employment-Based Fifth Preference regional center program is administered and managed effectively. Several conditions prevent USCIS from administering and managing the Employment-Based... Read More

Tags: eb-5 , report , audit , oig , USCIS , DHS

ICE I-9 Audit Leads to $2M Fine Against Utah Luxury Hotel
Posted on 12 Sep 2014 by Daniel M. Kowalski

"Salt Lake City-based Grand America Hotels and Resorts will forfeit nearly $2 million for hiring unauthorized workers, including illegal aliens, according to a non-prosecution agreement signed last week between the company, the U.S. Attorney for... Read More

Tags: audit , I-9 , Utah , ICE

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

Gambling on Immigration at a Dangerous Intersection (Merry Christmas, Ninja Squirrel!) - Nici Kersey
Posted on 22 Dec 2014 by Daniel M. Kowalski

"Previously, employers deciding whether to undergo an audit needed to consider several factors. Among them: the cost of the audit, the risk that would be eliminated by the audit, whether the employer could take the time to correct violations discovered... Read More

Tags: daca , audit , kersey , I-9 , dapa

Joint DHS / DOJ Guidance on Internal I-9 Audits
Posted on 15 Dec 2015 by Daniel M. Kowalski

Dec. 14, 2015 - "The Department of Justice’s Civil Rights Division and the Department of Homeland Security’s U.S. Immigration and Customs Enforcement (ICE) announced today the issuance of a joint Guidance for Employers Conducting Internal... Read More

Tags: guidance , audit , I-9 , DHS , DOJ

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

Steel foundry in Berkeley loses one third of workforce to I-9 'silent raid'
Posted on 23 Dec 2011 by Daniel M. Kowalski

"Over the last few months, an East Bay steel company has been shedding about a third of its work force and it's not because of the economy. Pacific Steel was served with what immigrant advocates call a "silent raid." The company... Read More

Why the I-9 Audit Process is More Like Football Than Soccer
Posted on 28 Jan 2013 by Daniel M. Kowalski

" Soccer and football (as well as football’s distant cousin, rugby), are commonly thought to have all descended from the same simple, noble Greek game called Harpastum . However, as each sport evolved, football became reliant on precision and... Read More

Tags: paparelli , quill , audit , I-9 , ICE

I-9 Audit Threatens Apple Packing Plant
Posted on 12 May 2014 by Daniel M. Kowalski

"Hundreds of workers at a central Washington apple-packaging company could be laid off after a federal immigration audit. Crunch Pak notified its employees Friday that they need to provide documents proving they can work in the United States legally... Read More