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Category Archives: Immigration and Worksite Enforcement

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Immigration and Worksite Enforcement

H-1B Employers Face Increased Site Visits

Employers using the H-1B visa program should take note as additional site visits may be on the horizon.  U.S. Citizenship and Immigration Services (“USCIS”), part of the Department of Homeland Security, recently announced a new targeted approach to detect H-1B visa fraud and abuse and increased site visits of H-1B employers. In selecting worksite visits,… Continue Reading
Immigration and Worksite Enforcement, Sanctions, Trade Embargo, and Export Controls

The Export/Immigration Dilemma: Don’t Let OSC Catch Your HR Department Unawares

On March 31, 2016, the U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) issued a carefully worded technical assistance letter addressing the complex interplay between U.S. immigration and export control laws in the context of hiring and applicant screening. Although it provides limited new guidance, OSC’s letter is a… Continue Reading
Compliance, Immigration and Worksite Enforcement

Buyer Beware: Noncompliant Electronic I-9 Software Risks Customer Company Fines

Electronic I-9 software can be very attractive to companies looking for efficiency and ensuring compliance. Not to mention the elimination of file drawers that once housed these voluminous paper I-9 files. However, buyers beware, not all electronic I-9 software meets the federal regulations’ requirements. And the problem for well-meaning companies: ICE will still hold the… Continue Reading
Immigration and Worksite Enforcement

Conducting Internal I-9 Audits – ICE and DOJ-OSC Provide Joint Guidance

A company’s I-9 file, which often goes unnoticed by all but a few HR professionals, can carry significant risk.  Form I-9 files often serve as landmines for fines, penalties, and sanctions.  Companies can mitigate these risks by conducting periodic Form I-9 audits. This week, the Department of Justice’s Civil Rights Division and the Department of Homeland… Continue Reading
Compliance, Financial Institution Regulation, Immigration and Worksite Enforcement

Proposed Changes to Form I-9 Create New Compliance Questions

Employers take note: a new Form I-9 is in the making.  U.S. Citizenship and Immigration Services (USCIS), part of the Department of Homeland Security, announced on November 24, 2015, that it is seeking public comment on the various proposed changes.  The proposed changes will have far-reaching impact because all employers are required to complete and… Continue Reading
Compliance, Financial Institution Regulation, Immigration and Worksite Enforcement, Uncategorized

Knowingly Employing Unauthorized Workers – Can You Give Employees a Second Chance to Provide Valid I-9 Documentation?

Knowingly employing an unauthorized worker is prohibited by federal law. As a result, I-9 audits are a necessary part of doing business, as the penalties for noncompliance are too severe to ignore this fact. One question arises often during the I-9 audit process: what to do when you discover that an employee has not provided… Continue Reading
Compliance, Financial Institution Regulation, Immigration and Worksite Enforcement

The Importance of Getting It Right: Employment Eligibility Verification

Employers are required to complete and retain a Form I-9 for each individual hired. As part of this process, employers verify the individual’s identity and employment eligibility by reviewing supporting documents and recording the information on the Form I-9. On its face, it might seem like a simple step for an employer to review a… Continue Reading
Immigration and Worksite Enforcement

Employers Must Focus on Immigration Compliance: Pilgrim’s Pride to Pay $4.5 Million as Result of Immigration Investigation

A recent agreement between Pilgrim’s Pride Corporation and the federal government highlights why employers must focus on their immigration compliance efforts or face dire consequences. On Dec. 30, 2009, the federal government reached a non-prosecution agreement with Pilgrim’s Pride Corporation, one of the country’s largest chicken producers, to resolve an investigation involving the hiring and… Continue Reading