Subject to Inquiry

Subject to Inquiry

THE LATEST ON GOVERNMENT INQUIRIES AND ENFORCEMENT ACTIONS

Government Investigations and White Collar Litigation Group

Jacquelyn Stone

Photo of Jacquelyn Stone Jackie chairs the firm's Diversity and Inclusion Committee and is a former member of the firm’s Board of Partners. She previously served as the firmwide hiring partner for over 15 years. She concentrates on general business matters on behalf of corporate clients, legislative matters before the Virginia General Assembly, and regulatory issues before state and federal agencies. She also advises corporate clients on a range of immigration matters.

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Proposed Federal Rule Signals Remote Form I-9 Inspection of Employee Documents Will Likely Become Permanent Option

By McGuireWoods LLP, Jacquelyn Stone, Matthew Orso, Alex J. Brackett and Noriya Shahadat on Immigration and Worksite Enforcement
On August 18, 2022, the Department of Homeland Security (DHS) published a Proposed Rule titled Optional Alternatives to the Physical Document Examination Associated With Employment Eligibility Verification (Form I-9). The Proposed Rule would formalize the authority of the Secretary of Homeland Security to extend certain COVID-19 rules permitting remote inspection of employee documents presented for… Continue Reading

U.S. Supreme Court Determines Action to Rescind DACA was Arbitrary and Capricious

By Heryka R. Knoespel, Matthew Orso and Jacquelyn Stone on Immigration and Worksite Enforcement
On June 18, 2020, the U.S. Supreme Court issued a long-awaited decision regarding the Department of Homeland Security’s (“DHS”) choice to rescind the immigration program Deferred Action for Childhood Arrivals (“DACA”). The Court noted the question before it was not whether DHS may rescind DACA but rather, whether DHS followed proper procedure in rescinding the… Continue Reading

Increased Immigration Worksite Enforcement Looming in 2018

By Jacquelyn Stone, Government Investigations Group and McGuireWoods LLP on Enforcement and Prosecution Policy and Trends, Immigration and Worksite Enforcement
 The days of speculation may have ended. Immigration and Customs Enforcement’s (ICE) acting director recently made clear that Form I-9 audits and worksite enforcement actions will surge in the coming year. In line with the Trump Administration’s tough position on immigration and its budget requests, most employers have anticipated increased immigration-focused audits and enforcement actions.… Continue Reading

H-1B Employers Face Increased Site Visits

By McGuireWoods LLP, Matthew Orso, Jacquelyn Stone and Government Investigations Group on Immigration and Worksite Enforcement
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

Big Changes Come With The New Form I-9 Published by USCIS

By Jacquelyn Stone, Alex J. Brackett, Government Investigations Group and McGuireWoods LLP on Immigration and Worksite Enforcement
United States Citizenship and Immigration Services (USCIS) has officially published the long awaited revised Form I-9.  The new Form I-9 and instructions can be found at https://www.uscis.gov/i-9. The clock is now ticking— While employers may begin using the new Form I-9 immediately, all employers are required to implement use of the newly revised Form I-9… Continue Reading

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

By Jacquelyn Stone, Government Investigations Group and McGuireWoods LLP on Immigration and Worksite Enforcement
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

Proposed Changes to Form I-9 Create New Compliance Questions

By Jacquelyn Stone, Government Investigations Group and McGuireWoods LLP on Compliance, Financial Institution Regulation, Immigration and Worksite Enforcement
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

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