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I-9 E-Verify Immigration Compliance

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  1. IER Settles with Setpoint Systems Over Discrimination Against Non-Citizens

    By: Bruce Buchanan, Sebelist Buchanan Law PLLC



    The Immigrant and Employee Rights Section (IER), a Division of the Justice Department, has reached a settlement with Setpoint Systems Inc., an Ogden, Utah, engineering company. The settlement resolves an investigation into whether the company engaged in hiring discrimination against non-U.S. citizens protected under the Immigration and Nationality Act’s (INA) anti-discrimination provision.

    The investigation found that from 2015 to 2017, Setpoint Systems had an unlawful policy of hiring only U.S. citizens for professional positions and refusing to consider otherwise qualified non-U.S. citizens based on the company’s erroneous understanding of the International Traffic in Arms Regulations (ITAR). ITAR regulates specific exports of defense articles and services and limits the access of certain sensitive information to U.S. citizens, U.S. nationals, lawful permanent residents, asylees, and refugees. ITAR does not authorize employers to only hire U.S. citizens. The anti-discrimination provision of the INA makes it unlawful for an employer to discriminate against an individual in the recruitment and hiring process based on citizenship status, unless authorized by law.

    Under the settlement agreement, Setpoint Systems will pay $17,475 in civil penalties to the United States for the alleged unfair immigration-related employment practices; train its Human Resources personnel on their legal obligations to not discriminate by viewing a free online IER webinar presentation; review and revise, if necessary, any existing employment policies that relate to nondiscrimination based on non-U.S. citizenship status; ensure all job advertisements have been reviewed by legal counsel or an employee who is trained on anti-discrimination laws; post notices informing workers about their rights under the INA’s anti-discrimination provision; and be subject to departmental monitoring and reporting requirements for three years.

    This settlement is another indication that the federal government is serious about cracking down on discrimination based on whether one is or is not a U.S. citizen. For answers to many other questions related to the IER and immigration compliance, I invite you to read The I-9 and E-Verify Handbook, a book that I co-authored with Greg Siskind, and is available at http://www.amazon.com/dp/0997083379.
  2. The Quiet Before the Storm? A Review of 2017 OCAHO I-9 Penalty Decisions

    By: Bruce Buchanan, Sebelist Buchanan Law




    Today, I am re-publishing my annual review of OCAHO decisions, which was originally published by LawLogix on May 17, 2018.

    The Office of Chief Administrative Hearing Officer (OCAHO) was incredibly quiet in calendar year 2017 issuing only 5 substantive decisions against employers in I-9 penalty cases. This was a sudden change from 2016 when there were 16 substantive decisions against employers in I-9 penalty cases. Why the drastic reduction? Did employers stop committing I-9 violations? Did employers stop appealing decisions by Immigration and Customs Enforcement (ICE)? As recent news clearly illustrates, the answer to both questions is a resounding no.

    The real reason for the reduction in cases is actually much simpler and less provocative: turnover of Administrative Law Judges at OCAHO…..

    [I]t’s still worthwhile to review the substantive cases that were issued in 2017, in the hopes that employers can benefit in the future (when cases are once again likely to increase).

    For remainder of article go to https://www.lawlogix.com/the-quiet-b...lty-decisions/.

    If you want to know more information on employer immigration compliance, I recommend you read The I-9 and E-Verify Handbook, a book I co-authored with Greg Siskind, and available at http://www.amazon.com/dp/0997083379.

    Updated 06-11-2018 at 02:57 PM by BBuchanan

  3. DOJ Settles Immigration-Related Discrimination Claim Against UCSD

    By: Bruce Buchahan, Sebelist Buchanan Law

    The Justice Department, through the Immigrant and Employee Rights Section (IER), has reached a settlement agreement with the University of California, San Diego (UCSD). The settlement resolves the investigation into whether the University’s Resource Management and Planning Vice Chancellor Area (RMP) discriminated against workers in violation of the Immigration and Nationality Act (INA) when verifying their continued authorization to work.

    The investigation concluded the RMP unnecessarily required certain work-authorized immigrants to re-establish their work authorization when their documents expired, based on the citizenship status of those individuals when they were hired. The anti-discrimination provision of the INA prohibits such requests for documents when based on an employee’s citizenship status or national origin.

    Under the settlement, the University will pay a penalty to the United States, train its RMP human resources personnel on the requirements of the INA’s anti-discrimination provision, and be subject to departmental monitoring and reporting requirements.

    Under the settlement agreement, UCSD will pay $4,712 in civil penalties for the alleged unfair documentary practices; post notices informing workers about their rights under the INA’s anti-discrimination provision; train its Human Resources personnel on their legal obligations to not discriminate by viewing a free online IER webinar presentation and reviewing the M-274 Handbook for Employers; review and revise, as necessary, any existing employment policies that relate to nondiscrimination based on traits or characteristics protected by law; and be subject to departmental monitoring and reporting requirements for two years.

    For answers to many other questions related to the IER, and immigration compliance, I invite you to read The I-9 and E-Verify Handbook, a book that I co-authored with Greg Siskind, and is available at http://www.amazon.com/dp/0997083379.
  4. Tech Company Agrees to Pay $173,000 to resolve H-1B Violations

    By: Bruce Buchanan, Sebelist Buchanan Law


    Cloudwick Technologies Inc., a California-based IT company, has agreed to pay $173,044 to 12 employees for violations of the federal H-1B foreign labor certification program after an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD). Additionally, Cloudwick has also enrolled in an enhanced compliance agreement requiring them to hire an independent third-party monitor to help ensure future compliance.

    WHD investigators found the company paid impacted employees well below the wage levels required under the H-1B program based on job skill level, and also made illegal deductions from workers’ salaries. As a result, some of the H-1B employees that Cloudwick brought from India with promised salaries of up to $8,300 per month instead received as little as $800 net per month.

    The Trump administration is touting this agreement as another victory for “Buy American, Hire American.” Susana Blanco, Wage and Hour Division District Director in San Francisco stated “The intent of the H-1B foreign labor certification program is to help American companies find the highly skilled talent they need when they can prove that a shortage of U.S. workers exists. The resolution of this case demonstrates our commitment to safeguard American jobs, level the playing field for law-abiding employers, and protect guest workers from being paid less than they are legally owed.”

    Cloudwick provides data solution services to major corporations nationwide, including American Express, Bank of America, Apple, Cisco, Comcast, Intuit, Safeway, Verizon, Visa, and many others.
  5. Metropolitan Concrete Corp. owes over $100,000 Due to Violations in H-2B Visa Program

    By: Bruce Buchanan, Sebelist Buchanan Law



    Following an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Metropolitan Concrete Corp. will pay $29,161 in civil money penalties and $73,647 in back wages to 15 employees working under the H-2B non-immigrant visa program.

    WHD investigators found Metropolitan Concrete Corp. classified the H-2B employees improperly as landscapers. The investigation determined the H-2B employees actually worked as cement masons and concrete finishers, and as such, the employer should have paid them at a higher prevailing wage rate. The company also should have advertised the position to potential U.S. workers using the correct job classification and prevailing wage rate, as required by the H-2B provisions of the Immigration and Nationality Act. Failing to do so may have resulted in fewer U.S. workers applying for the positions than would have occurred if the employer advertised accurate information.

    Investigators also found Metropolitan Concrete failed to comply with requirements to pay the employees’ inbound transportation costs and to provide workers with the tools, supplies, or equipment they need to perform their job duties. The company also took impermissible deductions from workers’ pay for housing expenses. In addition to the payment of back wages, the Division assessed $29,161 in civil penalties.

    If you want to know more information on immigration compliance, I recommend you read The I-9 and E-Verify Handbook, a book I co-authored with Greg Siskind, and available at http://www.amazon.com/dp/0997083379.
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