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I-9 E-Verify Immigration Compliance

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  1. Cost of Immigration Violations Continue to Rise

    By: Bruce Buchanan, Sebelist Buchanan Law

    Effective January 20, 2018, the civil penalties for a variety of immigration-related violations increased dues to an adjustment for inflation. Below is a chart setting forth the old and new amounts:

    Type of Violation Old Amounts New Amounts
    I-9 substantive violation $220 - $2191 $224 - $2236
    Knowingly employing undocumented worker $548 - $4384 $559 - $4473
    Unfair Documentary Practice $181 - $1811 $185 - $1848
    Immigration-Related Discrimination $452 - $3621 $461 - $3695

    These increases are another reason to conduct an internal audit of your I-9 forms. Through such, an employer can remedy or mitigate many violations before Immigration and Customs Enforcement (ICE) or the Immigrations and Employees Rights Section (IER) discovers them. To learn more about employer immigration compliance and steps you can take to prevent I-9 violations and hiring undocumented workers, I invite you to read The I-9 and E-Verify Handbook, a book that I co-authored with Greg Siskind, which is available at http://www.amazon.com/dp/0997083379.
  2. IER Settles Immigration-Related Discrimination Claim Against CVS subsidiary

    By: Bruce Buchanan Law PLLC

    The Justice Department, through Immigrant and Employee Rights Section (IER), formerly known as the OSC, has reached a settlement with Omnicare Inc., a wholly owned subsidiary of CVS Health Corporation, resolving the IER’s investigation into whether the company violated the Immigration and Nationality Act’s (INA) anti-discrimination provision.

    The investigation, which was initiated in response to a worker’s complaint, revealed Omnicare engaged in citizenship status discrimination against a work-authorized job applicant by refusing to refer him to the hiring manager for an interview because he was not a permanent resident or U.S. citizen, and removing him from the candidate pool based on his status as an asylee. The INA’s anti-discrimination provision prohibits employers from discriminating against asylees because of their citizenship or immigration status, unless authorized by law to do so.

    Under the settlement agreement, Omnicare will pay $3,621, the maximum civil penalty for a single instance of citizenship status discrimination; post notices informing workers about their rights under the INA’s anti-discrimination provision; have its staff and its contractors undergo department-provided training on the anti-discrimination provision of the INA; evaluate all employment applicants in a non-discriminatory manner; and be subject to departmental monitoring and reporting requirements for two years.

    This settlement demonstrates the need for employers, big and small, to be aware of the law as it relates to citizenship status for asylees and other applicants. To learn more about employer immigration compliance, I invite you to read The I-9 and E-Verify Handbook, a book that I co-authored with Greg Siskind, which is available at http://www.amazon.com/dp/0997083379

    Updated 01-30-2018 at 12:00 PM by BBuchanan

  3. JET of Saipan Distributes $40,000 in Back Pay to U.S. Workers Under IER Settlement

    By: Bruce Buchanan, Sebelist Buchanan Law

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    Immigrant and Employee Rights Section (IER) of the Civil Rights Division of the Justice Department announced J.E.T. Holding Co. Inc. (JET) has paid $40,000 to nine U.S. citizens pursuant to a January 17, 2017 settlement with IER, which resolved claims that JET discriminated against U.S. workers in favor of temporary foreign visa workers.

    In its investigation leading up to the settlement, the IER found JET, which operates a restaurant in Saipan, routinely refused to hire qualified U.S. citizens and other work-authorized individuals for dishwasher positions because of their citizenship status; rather, it preferred to fill the positions with temporary foreign visa workers. Under the Immigration and Nationality Act, employers cannot prefer to hire temporary foreign visa workers over available and qualified U.S. workers based on citizenship status. For more information on the settlement, see my prior blog entry at http://blogs.ilw.com/entry.php?9680-...-J-E-T-Holding.

    This settlement and back pay is another example of the IER and other immigration-related agencies striving to comply with President Trump’s Hire American Executive Order. For more information on Hire American EO, see http://hrprofessionalsmagazine.com/w...ecutive-order/, an article that I co-authored with Adam Cohen (@MDVisas).

    For more information on employer immigration compliance issues, I invite you to read my new book, The I-9 and E-Verify Handbook, which is available at http://www.amazon.com/dp/0997083379.
  4. Columbine Management Settles National Origin Lawsuit for $335,000

    By: Bruce Buchanan, Sebelist Buchanan Law PLLC

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    Columbine Management Services Inc. has agreed to pay $335,000 to settle allegations by the Equal Employment Opportunity Commission (EEOC) that it fired care providers because they were from Ethiopia or Sudan.

    Columbine Management also agreed to change the employees’ terminations to resignations, provide them with neutral references, and administer Title VII training (related to non-discrimination based on national origin and other protected classes) to supervisory and managerial employees for a two-year decree.

    The suit, which the EEOC initiated in July 2015, alleged a director for Columbine’s New Mercer Commons facility told a staff member that the facility should get rid of “these people because they just can’t speak English.” This statement was about employees from Ethiopia or Sudan.

    This case was handled by the EEOC because Columbine Management had 15 or more employees. If an employer has between 4 and 14 employees, the Immigrant and Employee Rights (IER) Section of the Department of Justice has jurisdiction over the national origin discrimination claim.

    This settlement is another example of how employers need to provide training to their supervisory and managerial staff on avoidance of national origin discrimination as well as other types of discrimination. For more information on avoiding national origin discrimination and unfair documentary practices related to employer immigration compliance, I invite you to read my new book, The I-9 and E-Verify Handbook, which is available at http://www.amazon.com/dp/0997083379.
  5. What is Unfair Documentary Practices?

    By: Bruce Buchanan, Sebelist Buchanan Law

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    In yesterday’s blog, http://blogs.ilw.com/entry.php?10251...ocessing-Plant, I discussed Washington Potato Company reaching a settlement agreement with the Immigrant and Employee Rights Section (IER) of the Justice Department related to its unfair documentary practices of requesting work-authorized non-U.S. citizens to present specific documents to confirm their status, while not subjecting U.S. citizens to such requests.

    In today’s blog, I will discuss more about unfair documentary practices. Unfair documentary practices was formerly referred to as document abuse. It refers to discriminatory practices related to the verification of employment eligibility in the Form I-9 process. Employers that treat individuals differently based on national origin or citizenship commit unfair documentary practices when they engage in one of four types of activity: 1) Improperly requesting that employees produce more documentation than is required to show identity and employment authorization; 2) Improperly asking employees to produce a particular document to show identity or employment eligibility; 3) Improperly rejecting documents that appear to be genuine and be-longing to the employee; and 4) Improperly treating groups of applicants differently (for example, based on looking or sounding foreign) when they complete Forms I-9.

    The following are examples of prohibited practices when they are based on an employee’s “national origin’ or “citizenship or immigration status”:


    • Setting different employment eligibility verification standards or requiring different documents based on national origin or citizen-ship status;
    • Requesting to see employment eligibility verification documents before hire and completing the Form I-9 because an employee appears foreign or the employee indicates that he or she is not a U.S. citizen;
    • Refusing to accept a document or to hire an individual because an acceptable document has a future expiration date;
    • Limiting jobs to U.S. citizens, unless a job is limited to citizens by law or regulation;
    • Asking to see a document with an employee’s “Alien” or “Admission number” when completing Section 1 of Form I-9; and
    • Asking a lawful permanent resident to re-verify employment eligibility because the person’s green card has expired.


    For more information on avoiding unfair documentary practices and many other issues related to employer immigration compliance, I invite you to read my new book, The I-9 and E-Verify Handbook, which is available at http://www.amazon.com/dp/0997083379.
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