When faced with this E-Verify entity conundrum (and impracticality of figuring out who is an employer), many organizations decide to enroll under separate E-Verify accounts because it provides the best and most definitive documentation of E-Verify enrollment at the…
Posts by Category: Immigration Issues
Court Reduces I-9 Fine For Employer Who Retained Supporting Documents
One of the most frequently asked policy decisions about I9s is “should we retain a copy of the “supporting documents” presented by the employee (e.g., driver’s license and social security card)? And if so, will this save us from fines and…
What Happens When An Employee Admits I-9 Documents Were Fraudulent
On January 8, 2015, the U.S. Department of Justice (DOJ) Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) issued a technical assistance letter (TAL) in response to an employer’s request for guidance. The employer sought…
E-Verify Begins Checking Nebraska Driver’s License and ID Cards
The United States Citizenship and Immigration Services (USCIS) announced that as of February 1, 2015, the E-Verify system now checks driver’s licenses and ID cards from the state of Nebraska when presented by a new hire for the Form I-9. Nebraska is the fifth…
The Dangers of Ignoring I-9 Due Diligence in M&A Transactions
M&A Transactional lawyers have to cover a lot of ground in their deals: employment, tax, commercial real estate, intellectual property, and ERISA laws to name a few and in many cases I-9 immigration compliance is not included. When representing the acquirer,…
Form I-9 Verification Process Update
E-Verify: Employee Re-verification – At present, employers are unable to re-verify an existing employee’s work authorization in E-Verify, and in fact, must not do so. USCIS is working on developing a re-verification process for E-Verify. E-Verify: Employee…
Human Resources’ Conundrum – Reconciling New Immigration Legal Status Conferred by President Obama with I-9 Recordkeeping Realities
An estimated 4.4 million undocumented individuals will benefit from President Obama’s expansion of the Deferred Action for Childhood Arrivals (DACA) Program by gaining work permits. Soon many Human Resources professionals will face long-term employees…
Sag Harbor 7-Eleven Owners Plead Guilty to Federal Charges
According to court records, the former operators of Sag Harbor’s 7-Eleven who also controlled 14 7-Elevens stores in Long Island and Virginia provided their employees with more than 20 identities stolen from United States citizens, housed those employees at…
DOJ Issues Guidance on Citizenship/Immigration Status And National Origin Discrimination in Employment
The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the Immigration and Nationality Act. Under this law, employers discriminate when…
New York Restaurant begins 2014 with a Large Form I-9 Penalty
(OCAHO) issued its first decision in 2014 -U.S. v. Two for Seven LLC d/b/a Black & Blue Restaurant, which tells the story of a small New York restaurant that was assessed an I-9 penalty of $88,700 by OCAHO. The good news is the restaurant was successful in…