It is vital for employers to understand E-Verify in order to determine whether to utilize it and whether it is required for each location. E-Verify is an Internet-based employment verification system which matches information from employees’ I-9 forms with databases of the Social Security Administration (SSA), Department of Homeland Security (DHS), the Department of State, […]
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In 2013, there was significantly greater litigation at Office of Chief Administrative Hearing Officer (OCAHO) involving I-9 form violations. ICE, the prosecutor of these cases, won 29 of the 30 OCAHO decisions. However, even though ICE won, in part, 29 cases involving the level of penalties, the employers were successful in greatly reducing the total […]
ICE has a formula for determining its penalties/fines. The most serious violations are: “knowingly” hiring or employing undocumented workers; harboring or transporting undocumented workers to a jobsite; and knowingly accepting fraudulent documents. An employer can be fined $375 to $16,000 for each unauthorized worker employed (depending on first or subsequent offenses); up to $250,000 and/or […]
The I-9 enforcement process starts with the hand-delivery of a Notice of Inspection (NOI) and subpoena on the employer, by Immigration and Customs Enforcement (ICE) demanding the original I-9 forms of all current employees and former employees for a period going back one to three years. Additionally, the NOI will demand a list of all […]
A written I-9 compliance policy should cover the following: who is in charge of immigration compliance; training requirements, including how often, for those HR and other personnel who are in charge of completing the Forms I-9; a zero tolerance policy for the employment of individuals who cannot comply with IRCA’s employment verification rules; will the […]
Your company should develop an immigration compliance program, including a self-audit of your I-9 forms, training for applicable management, and drafting and implementing immigration compliance policies. We recommend an I-9 audit be conducted or overseen by an immigration compliance attorney. Recently, ICE discussed the many difficulties of a company performing a self-audit and the proper […]
Many employees on H-1Bs or J-1s in the health care profession will be required to hold a license, certificate, or other special documentation to work in that position. If the employee loses such license or certificate or fails to renew it, the employer cannot retain employing that employee as he is no longer qualified to […]
Based on decisions issued by OCAHO in 2013, there are four common mistakes that employers make with the I-9 forms. The most common violation is the most basic: failure to prepare an I-9 form, especially failing to complete an I-9 Form until after being served with a Notice of Inspection (NOI) by the Immigration and […]
Due to the employment of H-1B visa holders, health care institutions (as well as all employers of H-1B visa holders) must maintain a public access file, which must be made available to any member of the public upon request. The file should be maintained at the employer’s principal place of business, or at the location […]
The Department of Labor (DOL), Wage Hour Division (WHD) has the authority to conduct H-1B investigations in much the same manner as ICE has the authority to conduct I-9 inspections/audits. During these investigations, DOL will be demanding the health care institution or other employer produce the public access file as well as the other documents […]
