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E-Verify offers a tool to assist employers in verifying employment/immigration status for prospective employees, but it should not be mistaken for protection during an I-9 audit. On March 26, 2014, the Office of the Chief Administrative Hearing Officer (OCAHO) granted…
Employers work hard to make sure they comply with federal immigration law, but they must remember not to take their efforts too far. Employers should remember that while they must verify the ability of their potential hires to work, they cannot ask for specific…
Employers work hard to make sure they comply with federal immigration law, but they must remember not to take their efforts too far. Employers should remember that while they must verify the ability of their potential hires to work, they cannot ask for specific…
A thoroughbred racehorse training business recently failed to comply with Form I-9 requirements. Following the hearing, Kenneth McPeek Racing Stables, Inc. was ordered to pay a large fine due to Form I-9 violations. Though the penalty levied against the business could…
A San Antonio bakery was fined nearly $15,000 for not properly verifying employment eligibility for the majority of its staff, in violation of Form I-9 hiring regulations. ICE alleged that the bakery’s owners failed to produce nine Form I-9s, and also did not…
Employers concerned about incurring fines or criminal liability for hiring undocumented workers now face a new challenge: large healthcare payouts and contract litigation when stop loss carriers refuse to honor claims arising from an undocumented employee’s…
Investigations and audits of Form I-9 documents by ICE agents are on the rise, and the Obama administration is promising to keep the heat on employers in the coming year. A report by the Inspector General of the Department of Homeland Security issued in February found…
The Department of Justice, Office of the Chief Administrative Hearing Officer (OCAHO) has assessed an I-9 related penalty of over $228,000 to M&D Masonry, a Georgia construction contractor, based on an audit conducted in May 2010. While the fine is one of the…
The first thing that stands out about 2013 decisions from OCAHO is that there was a major uptick in the number of substantive decisions – 30, up from 11 in 2012. There were also eight decisions which involved Office of Special Counsel issues. Of the 30…
In reviewing the numerous OCAHO decisions issued in 2013, there have been some fairly common violations that have gotten employers in a lot of trouble. The most common violation is the most basic: failure to prepare an I-9 form, especially failing to complete an I-9…