ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

I-9 E-Verify Immigration Compliance

description

  1. Litigation Involving Nebraska Beef’s Reneged Settlement Continues

    By: Bruce Buchanan, Sebelist Buchanan Law

    Click image for larger version. 

Name:	steak.jpg 
Views:	5 
Size:	5.0 KB 
ID:	1207

    A U.S. District Judge in Nebraska has ruled in favor of the Department of Justice’s Show Cause Motion in the never-ending saga of Nebraska Beef Ltd. reneging on a settlement that it reached in August 2015 with the Office of Special Counsel for Immigration-Related Unfair Employment Practices (now the Immigrant and Employee Rights Section (IER)) of the Department of Justice.

    As you may recall, Nebraska Beef and the OSC reached a settlement concerning whether Nebraska Beef was discriminating against work-authorized immigrants by requiring non-U.S. citizens, but not similarly-situated U.S. citizens, to present specific documentary proof of their immigration status to verify their employment eligibility in violation of the Immigration & Nationality Act (INA). In the settlement, Nebraska Beef agreed to pay a $200,000 civil penalty.

    However, before the civil penalty was due, a Department of Justice press release stated the government “found” Nebraska Beef to have violated the law. The settlement had stated the OSC had a “reasonable cause to believe” Nebraska Beef had violated the INA. Nebraska Beef asserted the press release’s inaccuracy materially breached the settlement agreement because Nebraska Beef did not admit liability and excused the company’s payment of $200,000.

    Thereafter, the OSC filed for enforcement of the settlement agreement in federal court in Nebraska. The District Court found no material breach occurred and ordered Nebraska Beef to pay the $200,000 and perform all settlement obligations. After an appeal of the order, the Court stayed the company’s obligation to pay the $200,000 civil penalty but not the company’s other obligations – training, reporting, and notifying potential back pay claimants and providing such information to the IER of the DOJ.

    Nebraska Beef did not timely comply with the non-monetary portions of the order even though these provisions had not been stayed. Thus, the DOJ filed a Motion to Show Cause as to why Nebraska Beef was not in contempt of court.

    The District Court granted the government’s motion and ordered Nebraska Beef to show why it should not be held in contempt of court. I will update this case when the Court decides whether Nebraska Beef is in contempt of court.
  2. Another I-9 Form Released by USCIS

    By: Bruce Buchanan, Sebelist Buchanan Law

    Click image for larger version. 

Name:	USCIS Logo.jpg 
Views:	10 
Size:	4.4 KB 
ID:	1206

    USCIS released a revised I-9 form on July 17, 2017. Employers will be able to use this revised version or continue using Form I-9 with a revision date of 11/14/16 N through September 17, 2017. On September 18, employers must use the revised form with a revision date of 07/17/17 N. As shown below, the changes to the I-9 form are not even on the form but rather in the Lists of Acceptable Documents and instructions. With these changes being so minor, one must question the necessity of issuing a new I-9 form.

    Revisions related to the Lists of Acceptable Documents on Form I-9:


    • Adding the Consular Report of Birth Abroad (Form FS-240) to List C. Employers completing Form I-9 on a computer will be able to select Form FS-240 from the drop-down menus available in List C of Section 2 and Section 3. E-Verify users will also be able to select Form FS-240 when creating a case for an employee who has presented this document for Form I-9; and
    • Combining all the certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350 and Form FS-240) into selection 2 in List C.


    Revisions to the Form I-9 instructions will include:


    • Changing the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name, Immigrant and Employee Rights Section; and
    • Removing “the end of” from the phrase “the first day of employment.”


    USCIS will include these changes in a revised Handbook for Employers: Guidance for Completing Form I-9 (M-274). It is unclear when this will occur. I will keep you advised.
    Attached Thumbnails Attached Thumbnails Click image for larger version. 

Name:	USCIS.jpg 
Views:	15 
Size:	5.3 KB 
ID:	1205  
  3. Wyoming Becoming 8th State to Join E-Verify RIDE

    By: Bruce Buchanan, Sebelist Buchanan Law PLLC

    Click image for larger version. 

Name:	Ride E-Verify.jpg 
Views:	8 
Size:	5.3 KB 
ID:	1204

    Wyoming will soon become the eighth state to join the Records and Information from DMVs for E-Verify (RIDE) Program. RIDE is an E-Verify initiative, in conjunction with the American Association of Motor Vehicle Administrators, linking the E-Verify system with participating state driver’s licensing agencies. The prior states joining RIDE were Florida, Idaho, Iowa, Mississippi, Nebraska, North Dakota, and Wisconsin.

    RIDE allows E-Verify to validate the authenticity of driver’s licenses and state identification cards presented by employees as I-9 form identity documents. The RIDE program attempts to mitigate the risk of fraud by comparing the data from the card with data supplied by states’ motor vehicle agencies. If E-Verify is not able to match the license or ID card to data within the DMV, the employer will receive a Tentative Non-confirmation (TNC) indicating the issue and must give the employee a Further Action Notice and opportunity to meet I-9 demands. In this manner, RIDE is designed to boost the accuracy of employment eligibility verification in E-Verify.
  4. Infosys Agrees to Pay $1 million for Visa Violations

    By Bruce Buchanan, Sebelist Buchanan Law PLLC

    Click image for larger version. 

Name:	Infosys_logo.svg.jpg 
Views:	9 
Size:	16.2 KB 
ID:	1203

    Infosys, an Indian IT services company, has agreed to pay $1 million to settle an investigation by New York Attorney General Eric Schneiderman into its visa violations. Infosys failed to obtain the appropriate visa for foreign workers employed in New York. Infosys’ foreign workers held temporary B-1 visas instead of H-1B work permits. Visitor (B-1) visas are not subject to a cap and are much easier to obtain than H-1B visas.

    The foreign nationals, holding B-1 visas, were not paid the prevailing wage that H-1B workers must be paid. Thus, New York stated Infosys owed taxes on the higher wages that should have been paid to Infosys employees and that its employees were in violation of their visa terms. Infosys stated the investigation centered on alleged paperwork errors and denied wrongdoing.

    As readers may recall, in 2013, Infosys paid $34 million to the federal government to resolve allegations that it committed visa fraud and I-9 violations. The New York matter was an outgrowth of the same misdeeds of Infosys.
  5. Staffing Company and IER Settle Immigration-Related Discrimination Claim

    By: Bruce Buchanan, Sebelist Buchanan Law, PLLC

    Click image for larger version. 

Name:	staffing 2.jpg 
Views:	12 
Size:	6.6 KB 
ID:	1202

    The Immigrant and Employee Rights Section (IER), formerly known as the OSC, has reached an agreement with Sellari’s Enterprises, Inc., a staffing company in Orlando, Florida. The settlement agreement resolves an investigation into whether Sellari’s violated the Immigration and Nationality Act (INA) by discriminating against work-authorized immigrants. The IER concluded Sellari’s requested that non-U.S. citizens present specific documents to prove their work authorization, such as a Permanent Resident Cards or Employment Authorization Documents, while not requesting specific documents from U.S. citizens. All work-authorized individuals, whether citizens or non-citizens, have the right to choose which valid documentation to present to prove they are authorized to work. The anti-discrimination provision of the INA prohibits employers from subjecting employees to different or unnecessary documentary demands based on employees’ citizenship, immigration status or national origin.

    Under the settlement, Sellari’s will pay a civil penalty of $120,000 to the United States, post notices informing workers about their rights under the INA’s antidiscrimination provision, undergo IER-provided training to HR employees on proper I-9 and E-Verify practices, revise employment policies and practices to be in compliance with the law, and comply with departmental monitoring and reporting requirements for three years.
Page 1 of 64 1231151 ... LastLast
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: