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Daniel M. Kowalski
1 month ago
Immigration Law
Inside News
OCAHO Levies $183.6K Penalty for I-9 SNAFU
USA v. Maverick Construction, Apr. 21, 2022 "The Court orders Respondent to pay $183,600 in penalties for failing to prepare and/or present Forms I-9 for 136 employees, in violation of Section 274A(a)(1)(B) of the Act."
Daniel M. Kowalski
5 months ago
Immigration Law
Inside News
$1.5M Civil Penalties for I-9 Errors: U.S. v. R&SL Inc. (OCAHO)
U.S. v. R&SL Inc. "Respondent is not liable for any violations in Count I or Count II. As to Count III, Respondent is liable for failure to ensure timely prepare and/or present Forms I-9 for 213 employees. As to Count IV, Respondent is liable...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
OCAHO Denies Facebook's Motion to Dismiss
OCAHO, June 2, 2021 "On December 3, 2020, Complainant, the United States, filed a complaint with the Office of the Chief Administrative Hearing Officer (OCAHO) alleging that Respondent, Facebook, Inc. (Facebook), violated 8 U.S.C. § 1324b...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
OCAHO Levies $136K Penalty for I-9 Violations
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...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Outside News
DOJ Complaint Against Facebook Chills Ability to Sponsor Workers for Green Cards: Cyrus Mehta
Cyrus Mehta, Dec. 7, 2020 "The Department of Justice’s complaint claiming that Facebook discriminated against US workers even when it followed DOL regulations for sponsoring foreign national workers is troubling. It renders every employer...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
DOJ (IER) Files OCAHO Complaint Against Facebook
DOJ, Dec. 3, 2020 Here is the press release, and here is the complaint. Yes, it's a complaint, not a lawsuit. Lawsuits are filed in courts. This is a complaint filed with the OCAHO, an administrative tribunal. PERM experts and H-1B experts, weigh...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
Advance Copy of EOIR Interim Final Rule: OCAHO Chief Administrative Law Judge
This document is scheduled to be published in the Federal Register on 10/07/2020 "The Department of Justice (“Department”) is amending the regulations governing the Office of the Chief Administrative Hearing Officer to reflect the creation...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
OCAHO Settlement Officer Program
EOIR, Aug. 3, 2020 "This Policy Memorandum (PM) establishes a voluntary process whereby the parties in cases before the Office of the Chief Administrative Hearing Officer (OCAHO) may use a settlement officer to mediate settlement negotiations as...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Outside News
Mission Creep: EOIR Sets Quotas for OCAHO
EOIR, Dec. 21, 2018 "1. Ninety percent (90%) of worksite enforcement/employer sanctions cases under INA §274A should be completed within 430 days of filing. 2. Ninety percent (90%) of immigration-refated unfair employment practice cases under...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Outside News
OCAHO Levies $857K Civil Penalty in Immigration-Related Discrimination Case
DOJ, Dec. 11, 2018 - "The Department of Justice announced that it has received a court order yesterday awarding the United States $857,868 in civil penalties, along with other relief, in the Department’s immigration-related employment discrimination...
Daniel M. Kowalski
over 7 years ago
Immigration Law
News Headlines
MN Staffing Company Hit With $227K I-9 Fine: USA v. Employer Solutions
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’...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Outside News
How Much Money Did DOJ (EOIR) and DHS (ICE) Spend to Collect This $500 I-9 Fine?
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...
Daniel M. Kowalski
over 10 years ago
Immigration Law
Outside News
OCAHO and ICE Continue to Disagree on Size of Penalties for I-9 Violations
"Recent decisions of the Office of the Chief Administrative Hearing Officer (OCAHO) continue to demonstrate Immigration and Customs Enforcement (ICE) and OCAHO strongly disagree on the appropriate level of penalties for small employers committing...
Daniel M. Kowalski
over 9 years ago
Immigration Law
Outside News
2012 OCAHO Decisions – Trends Every Employer Should Know
"In 2012, the Office of Chief Administrative Hearing Officer (OCAHO) issued 21 decisions. Of the 21 decisions, 11 were substantive decisions concerning alleged violations of the Immigration Reform and Control Act (IRCA), six decisions involved Office...
Daniel M. Kowalski
over 10 years ago
Immigration Law
Outside News
DOJ files OCAHO suit against University of California, San Diego Medical Center, alleging Immigration-Related Employment Discrimination
"The Department of Justice announced today the filing of a lawsuit against the University of California, San Diego Medical Center, alleging that the medical center discriminated in the employment eligibility verification process against people...
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