Immigration Law

Recent Posts

DHS Civil Money Penalties Adjusted for Inflation
Posted on 2 Apr 2018 by Daniel M. Kowalski

Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 - "In this final rule, the Department of Homeland Security’s (DHS) is making the 2018 annual inflation adjustment to its civil monetary penalties. The Federal Civil Penalties Inflation... Read More

DOJ Civil Money Penalties Inflation Adjustment
Posted on 27 Jan 2018 by Daniel M. Kowalski

Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 - "The Department of Justice is adjusting for inflation the civil monetary penalties assessed or enforced by components of the Department, in accordance with the provisions of the Bipartisan... Read More

OCAHO on a Roll, Reduces More I-9 Penalty Amounts
Posted on 17 Dec 2012 by 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... Read More

Tags: ocaho , penalties , I-9

OCAHO Reduces I-9 Fine from $13K to $5K: USA v. Taste of China
Posted on 24 Jan 2013 by 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... Read More

H-2B Civil Penalties Adjusted for Inflation - DHS, DOL
Posted on 1 Jul 2016 by Daniel M. Kowalski

Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 - "The U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) (collectively, ‘‘the Departments’’) are jointly issuing this interim final... Read More

OCAHO Reduces I-9 Fine from $34.9K to $14.5K: Seven Elephants Distributing Corp.
Posted on 24 Mar 2013 by Daniel M. Kowalski

"Presently pending is ICE’s motion for summary decision. While no formal response was filed to the motion, the respondent filed financial information as well as hire and termination dates for its employees as previously requested. The letter... Read More

OCAHO Reduces I-9 Fine from $22.4K to $9.6K; Employer 'Unaware' of I-9 Form
Posted on 1 Feb 2013 by Daniel M. Kowalski

"The company’s answer to the complaint asked for reduction in the proposed penalties because the respondent is a small cafe unable to pay a fine of $22,440 as is requested. The answer notes that Imperial Valley, California, has the highest... Read More

OCAHO Reduces I-9 Fine from $80K to $30K: USA v. A&J Kyoto Japanese Restaurant
Posted on 20 Jun 2013 by LexisNexis Communities Staff

"Potential penalties in this matter range from $10,010 to $100,100, and the government seeks $79,942.50 . A&J is, as it says and as the record reflects, a small restaurant in the rust belt that has a high employee turnover rate, that did not... Read More

Tags: kyoto , ocaho , penalties , I-9

IRCA Penalties Bumped Up for Inflation (IFR)
Posted on 30 Jun 2016 by Daniel M. Kowalski

Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 - "In accordance with the provisions of the Bipartisan Budget Act of 2015, the Department of Justice is adjusting for inflation civil monetary penalties assessed or enforced by components... Read More

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

$265K Settlement in I-9 Document Abuse Case: Real Time Staffing Services, LLC., d/b/a Select Staffing
Posted on 22 Aug 2014 by Daniel M. Kowalski

"The Justice Department reached an agreement today with Real Time Staffing Services LLC, doing business as Select Staffing, a company based in Santa Barbara, California. The settlement resolves the department’s claims that Select Staffing discriminated... Read More

H-1B Employer Held Personally Liable for Back Wages, Penalties: Matter of XCEL Solutions
Posted on 21 May 2012 by Daniel M. Kowalski

"I find it clear the XCEL served as the alter-ego of Mr. and Ms. Goel. Respondents observed no corporate formalities, received from XCEL hundreds of thousands of dollars in loans and rents but could produce no documentation memorializing these transactions... Read More

OCAHO Reduces I-9 Fine from $49K to $9K: USA v. Siwan & Brothers, Inc.
Posted on 10 May 2013 by LexisNexis Communities Staff

"As explained in United States v. Pegasus Restaurant, Inc., 10 OCAHO no. 1143, 7 (2012), proportionality is critical to setting penalties. The amount should be sufficiently meaningful to accomplish the purpose of deterring future violations, United... Read More

Tags: ocaho , penalties , I-9 , siwan

OCAHO Reduces I-9 Fine from $82K to $15K: USA v. Siwan & Sons, Inc.
Posted on 10 May 2013 by LexisNexis Communities Staff

"As explained in United States v. Pegasus Restaurant, Inc., 10 OCAHO no. 1143, 7 (2012), proportionality is critical to setting penalties. The amount should be sufficiently meaningful to accomplish the purpose of deterring future violations, United... Read More

Tags: ocaho , penalties , I-9 , siwan

OCAHO Reduces I-9 Fine from $44K to $33K: USA v. Black & Blue Steak & Crab
Posted on 12 Mar 2013 by Daniel M. Kowalski

"The gravamen of the amended complaint is that the respondent hired seventy-three named individuals and failed to ensure that each properly completed section 1 of Form I-9, or failed itself to properly complete section 2. ICE seeks penalties in the... Read More