The I-9 was supposed to be an easy, straightforward kind of document – a simple piece of paperwork to record that a company has verified its new hire’s eligibility to work in the United States. Yet those of us in the trenches know that completing an I-9 properly…
Posts by Category: Immigration Issues
Employers May Request Alternative Documents Following an Internal I-9 Audit
On October 23, the U.S. Department of Justice’s (DOJ) Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) issued atechnical assistance letter (TAL) in response to an employer’s request regarding an employer’s potential liability if the…
Hernández Bill to Prevent Retaliation Caused by Misuse of E-Verify Signed by Governor Brown
Assembly Bill (AB) 622 authored by Assembly member Roger Hernández (D – West Covina) was signed by Governor Brown. AB 622 limits the misuse of E-Verify by prohibiting employers from using E-Verify in a manner not prescribed by federal law. In addition, AB 622…
E-Verify Program Set to Expire
The E-Verify program is set to expire 9/30/15 unless it is reauthorized by Congress. So what does that mean for employers who use E-Verify? The program is administered by U.S. Citizenship and Immigration Services (USCIS). It was created as the Basic Pilot program back…
Employers Might Want to Rethink the I-9 Review Process
A large clothing retailer recently entered into a settlement agreement with the Department of Justice (DOJ) following an allegation that the company discriminated against a non-US citizen in violation of federal immigration laws, including the Immigration and…
Company Fined $600,000 for I-9 Violations
The Office of the Chief Administrative Hearing Officer (OCAHO) has ordered Hartmann Studio, Inc. to pay a fine of over $600,000, which is one of the largest fines that it has ever assessed for I-9 form violations not involving the knowing employment of undocumented…
Immigration Corner: Major E-Verify Changes Proposed
USCIS released the details of proposed major changes to the E-Verify program. The notice proposes several major changes to the E-Verify program and seeks public comments until August 7, 2015. These changes will affect all employer users, including Federal Acquisition…
Manager Narrowly Escapes Jail Time for Making a False Statement on an I-9 Form
Human resource and hiring managers are becoming painfully aware of the potential dangers lurking behind the Form I-9 and E-Verify process. For the most part, these tales of woe stem from procedural failures such as missing or incorrectly completed I-9s, which can lead…
I-9 and E-Verify Decisions Can Lead to Unfair Labor Practices
We’ve been seeing a new risk associated with I-9s, originating (ironically) from employers’ often-diligent attempts to prevent mistakes in the first place. This particular threat emerges from within – from the employer’s own workforce in the…
California Employer Agrees to Pay Largest Civil Penalty for Discrimination During the I-9 Process
The Department of Justice announced that Luis Esparza Services, Inc. (LES) had agreed to pay $320,000 to resolve allegations that the company engaged in a pattern or practice of discrimination during the I-9 process. In the case at hand, it appears that LES routinely…