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I-9 E-Verify Immigration Compliance

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  1. Wyoming Becoming 8th State to Join E-Verify RIDE

    By: Bruce Buchanan, Sebelist Buchanan Law PLLC

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    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.
  2. Infosys Agrees to Pay $1 million for Visa Violations

    By Bruce Buchanan, Sebelist Buchanan Law PLLC

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    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.
  3. Staffing Company and IER Settle Immigration-Related Discrimination Claim

    By: Bruce Buchanan, Sebelist Buchanan Law, PLLC

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    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.
  4. Asplundh Manager & Supervisors Charged with hiring Undocumented Workers

    By: Bruce Buchanan, Sebelist Buchanan Law, PLLC

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    Federal prosecutors charged three managers/supervisors of Asplundh Tree Expert Inc. with conspiring to hire undocumented workers using false identification and Social Security numbers. Asplundh, a nationwide company, removes brush and vegetation from electric and gas lines.

    In 2009, Asplundh had their I-9 forms audited by Immigration and Customs Enforcement (ICE). The ICE audit determined over 100 employees were undocumented; thus, Asplundh fired the employees.

    After the ICE audit of Asplundh’s I-9 forms, prosecutors allege workers, fired for being undocumented, were rehired under false identities. Larry Gauger, a regional manager charged with conspiracy, "instructed management that it would have 'plausible deniability' as to the fraudulent hiring because even though the employees' Social Security numbers did not truly belong to these employees, the employees' proffered Social Security numbers would be positive matches in the E-Verify database." Jude Solis and Juan Rodriguez, supervisors for Asplundh, were also charged with conspiracy and fraud.

    These indictments are clear proof that knowingly hiring undocumented workers can have criminal consequences. This is especially so when you assist the undocumented workers to obtain fake ID.
  5. IER Settles Immigration-Related Discrimination Claim Against Panda Express

    By Bruce Buchanan, Sebelist Buchanan Law PLLC

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    The Immigrant and Employee Rights Section (IER) of the Civil Rights Division of the Justice Department announced it reached a settlement agreement with Panda Restaurant Group, Inc. (Panda Express), a restaurant chain with over 1,800 locations in the United States. The agreement resolves an investigation into whether Panda Express discriminated against non-U.S. citizens in violation of the Immigration and Nationality Act (INA) when reverifying their authorization to work.

    The investigation concluded Panda Express unnecessarily required lawful permanent resident workers to re-establish their work authorization when their Permanent Resident Cards (green cards) expired, while not making similar requests to U.S. citizen workers when their documents expired. The investigation also revealed that Panda Express routinely required other non-U.S. citizen workers to produce immigration documents to reverify their ongoing work authorization despite evidence they had already provided sufficient documentation. The antidiscrimination provision of the INA prohibits such requests for documents when based on an employee’s citizenship status or national origin.

    Under the settlement, Panda Express will pay a civil penalty of $400,000 to the United States, establish a $200,000 back pay fund to compensate workers who lost wages due to the company’s practices, undergo IER-provided training to HR employees on the anti-discrimination provision of the INA, revise employment policies, modify its electronic I-9 system, train HR personnel on the M-274 Handbook for Employers and the USCIS E-Verify manual, and comply with departmental monitoring and reporting requirements for three years.

    This settlement is the largest to date in calendar year 2017. Employers should be trained by immigration counsel on a regular basis of immigration compliance issues.
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