LexisNexis® Legal Newsroom
DHS Proposes New 'Smart' Form I-9, Seeks Comment - John Fay

John Fay, LawLogix, Nov. 24, 2015 - "Today, the U.S. Citizenship and Immigration Services (USCIS) announced they are seeking public comment on a newly revised “smart” version of the Form I-9 which is designed to reduce technical errors and address frequent points of confusion that arise...

USCIS Seeks Comments on Proposed Changes to Form I-9

USCIS, Nov. 24, 2015 - "USCIS published a notice in the Federal Register on Nov. 24, 2015, to inform the public of proposed changes to Form I-9, Employment Eligibility Verification . The public may provide comments on the proposed changes for 60 days, until Jan. 25, 2016. ... To view the proposed...

Joint DHS / DOJ Guidance on Internal I-9 Audits

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 Employment Eligibility Verification Form I-9...

OSC Posts New I-9 Technical Assistance Letter

Jan. 7, 2016 - "This is in response to your email dated July 27, 2015, to the Office of Special Counsel for Immigration-Related Unfair Employment Practices ("OSC" or "Office"). In light of recently-issued guidance, this letter supersedes the technical assistance letter that OSC...

AILA Calls for APA Notice and Comment Prior to Further Form I-9 Revision

AILA, Jan. 25, 2016 - "The American Immigration Lawyers Association (AILA) submits the following comments in response to the proposed revisions to Form I-9, Employment Eligibility Verification and the accompanying instructions, published in the Federal Register on November 24, 2015."

OCAHO Slashes I-9 Fine from $74.5K to $29.6K - USA v. SKZ Harvesting

USA v. SKZ Harvesting, Inc., 11 OCAHO no. 1266, Feb. 8, 2016 - "Considering the record as a whole and the statutory factors in particular, as well as the general public policy of leniency toward small entities as set out in the Small Business Regulatory Enforcement Fairness Act § 601, the penalties...

I-9 Compliance and the Gig Workforce - John Fay

John Fay, LawLogix, Feb. 10, 2016 - "Tens of millions of Americans are now involved in some form of sporadic, non-traditional related job, whether it is called freelancing, temping, ubering, etc. In some instances, these individuals are clearly in business for themselves. There are, however, an...

OCAHO Reduces I-9 Fine from $35K to $18K: USA v. Safe-Air of Illinois

USA v. Safe-Air of Illinois, Mar. 11, 2016 - "The U.S. Department of Homeland Security, Immigration and Customs Enforcement (ICE or the government) filed a complaint in three counts with the Office of the Chief Administrative Hearing Officer (OCAHO) on January 14, 2015, alleging that Safe-Air of...

Feds Provide 30 More Days to Comment on Form I-9 Revision

Federal Register / Vol. 81, No. 59 / Monday, March 28, 2016 - "USCIS received comments from 133 commenters in connection with the 60-day notice. DATES: The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged and will be accepted until April 27, 2016...

OCAHO Reduces I-9 Fine from $16K to $10.5K - USA v. Frio County Partners, Inc.

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 for eighteen employees. ICE assessed a total penalty...

OCAHO Reduces I-9 Fine from $305.5K to $209.6K - Golden Employment II

Golden Employment II, May 4, 2016 - "On April 1, 2016, a partial summary decision was entered in the matter finding that Golden Employment Group, Inc. (Golden Employment or the company) was liable for 465 violations of the employment eligibility verification provisions of 8 U.S.C. § 1324a(b...

2015 OCAHO Decisions re I-9 Penalties - Bruce E. Buchanan

Bruce E. Buchanan, May 3, 2016 - "An analysis of the ... numbers demonstrates OCAHO lowered ICE’s proposed penalties on average by 32.8%. ICE sought $1,877,796 while OCAHO ordered $1,200,772. These reductions were substantially less than in 2014 and 2013, when the reductions were 35.25% and...

Drywall Installer Given Probation For Immigration Violations - Law360

Law360, June 6, 2016 - "The first individual in western Washington convicted of repeatedly and knowingly hiring workers who were in the U.S. without permission has been sentenced to a fine and probation in a Washington federal court. David Jones, 47, who pled guilty in February to Immigration Reform...

OCAHO Reduces I-9 Fine from $36K to $14.5K - USA v. Cawoods Produce

USA v. Cawoods Produce - "” ICE assessed a total fine of $36,465 for all three Counts. ... ICE is not entitled to summary decision as to its penalty assessment. Pursuant to well-established OCAHO case law, all of Cawoods’ substantive violations are considered serious and should aggravate...

OCAHO Reduces I-9 Fine from $38K to $18K - USA v. East Coast Foods

USA v. East Coast Foods, June 21, 2016 - "The government met its burden of proving that East Coast Foods, Inc., is liable for thirty-six violations of 8 U.S.C. § 1324a(a)(1)(B). The company is therefore directed to pay civil money penalties in the total amount of $18,350."

DOJ Settles Immigration-Related Discrimination Claim Against Macy’s

DOJ, June 22, 2016 - "The Justice Department reached an agreement today with Macy’s over allegations that the large national retailer violated the Immigration and Nationality Act (INA) by discriminating against work-authorized non-U.S. citizens at its Glendale, California, location. The...

DOJ Settles Immigration-Related Discrimination Claim Against Powerstaffing; $153K Penalty

DOJ, June 23, 2016 - "The Justice Department reached an agreement today with Powerstaffing Inc., a temporary staffing agency based in Edison, New Jersey. The agreement resolves allegations that Powerstaffing’s North Bergen, New Jersey, office discriminated against work-authorized non-U.S....

$200K Penalty for Bad I-9 Practices

DOJ, June 27, 2016 - "The Justice Department reached an agreement today with Crookham Company to resolve the department’s allegations that the company discriminated against work-authorized non-U.S. citizens, in violation of the Immigration and Nationality Act (INA). Crookham, which is based...

Highlights Of The FBA I-9 Worksite Enforcement Conference In Chicago - Bruce Buchanan, John Fay

Bruce Buchanan, John Fay, July 8, 2016 - "In April, the Chicago Chapter of the Federal Bar Association held its 10th Annual Workplace Enforcement and Immigration Conference, an all-day deep dive into the latest I-9, E-Verify, and corporate compliance issues facing employers today. With speakers...

Mary's Gone Crackers, Inc. to Pay $1.5M in I-9 Violation Non-Prosecution Agreement (Updated)

DOJ, July 22, 2016 - "Mary’s Gone Crackers Inc., a natural food company based in Gridley [California,] has agreed to pay $1.5 million and to establish a corporate compliance program under a nonprosecution agreement reached with the United States Attorney’s Office for the Eastern District...

CA5 on Corporate Form I-9 (Remote) Attestation: ESSG v. OCAHO

ESSG v. OCAHO, Aug. 11, 2016 - "We hold that, under the I-9 Form applicable in this enforcement action, corporate attestation was permissible. Thus, ESSG did not violate the law when one corporate representative in El Paso, Texas, examined original documents in the presence of the hired employee...

SoCal Temp Staffing Co. Settles I-9 Claim for $175K

DOJ, Aug. 15, 2016 - "The Justice Department reached an agreement today with TEG Staffing Inc., also known as Eastridge Workforce Solutions, a temporary staffing agency headquartered in San Diego, to resolve allegations that their Mira Mesa, California, office discriminated against work-authorized...

Proposed DOJ Rule Could Ramp Up I-9 Enforcement

Allen Smith, SHRM, Aug. 18, 2016 - "The Department of Justice Office of Special Counsel (OSC) added some quivers to its bow in its fight to curtail unlawful hiring discrimination against immigrants in a proposed rule published Aug. 15 in the Federal Register. The rule's proposed change of terminology...

Texas Taco Restaurant Fined $33K for Total Failure to I-9 Employees

USA v. Jula888 dba Para Tacos La Chilanga, Aug. 25, 2016 - "ICE’s Motion for Summary Decision is GRANTED, IN PART. The government met its burden of proving that Jula888, LLC d/b/a Para Tacos La Chilanga, is liable for thirty two violations of 8 U.S.C. § 1324a(a)(1)(B). Respondent is directed...

Employer Alert: New Form I-9 Clears OMB Review Process

John Fay, LawLogix, Aug. 29, 2016 - "On August 25, 2016, the Office of Management and Budget (“OMB”) approved the latest revisions to the Form I-9, clearing the way for the form to be released to the public. Ever since the current version of the I-9 expired on March 31, 2016, employers...