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. USCIS Issues New I-9 Handbook for Employers

    By Bruce Buchanan, Sebelist Buchanan Law

    Click image for larger version. 

Name:	USCIS-New-Form-I-9-Handbook-233x300.jpg 
Views:	41 
Size:	3.9 KB 
ID:	1172

    On February 14, 2017, the USCIS finally released the new “Handbook for Employers – Guidance for Completing Form I-9” (also referred to as M-274). In a comical note (at least for immigration compliance gurus), the USCIS backdated the handbook with the date of January 22, 2017.

    As you probably know, the M-274 Handbook for Employers is the USCIS’s guidance on how to complete and retain the I-9 form. Additionally, this M-274 handbook captures policy and regulatory changes since 2013, explains guidance regarding automatic extensions for certain Employment Authorization Documents, features more current sample documents, and provides an overview of unlawful discrimination due to citizenship status or national origin, document abuse, and retaliation. (These prohibited practices are not enforced by the USCIS; rather, they are enforced by the Immigrant and Employee Rights (IER) of the Department of Justice’s Civil Rights Division, which was formerly entitled Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC)).

    A new M-274 handbook was necessary due to USCIS’s introduction of the new I-9 form (eff. date 11/14/2016), which became mandatory for use for new hires on January 22, 2017. (This date explains the USCIS’s interest in backdating the M-274). As explained in a previous blog entry, the new I-9 form added a number of new features, including: modifying Section 1 to request certain employees to enter either their I-94 number or foreign passport information, rather than both; replacing the “Other Names Used” field in Section 1 with “Other Last Names Used”; requiring “N/A” be entered instead of blanks in certain fields in Section 1; providing a box for employees to check if they did or did not use a preparer or translator; modifying the I-9 form by adding a supplemental third page if using multiple preparers and/or translators; and adding an area in Section 2 to enter additional necessary information, such as for TPS extensions, OPT STEM extensions and H-1B portability. The new M-274 handbook offers guidance on how to utilize the new features of the I-9 form.

    The 64-page handbook is an important tool for Human Resource employees, who handle I-9 compliance, as well as immigrant attorneys, who want the latest guidance from the USCIS. Many of its explanations are repetitive from the instructions that accompany the I-9 form or information available on I-9 Central – an Internet-based website that answers many I-9 related questions. However, the M-274 handbook is a convenient go-to document that answers many questions.

    I recommend all individuals involved in I-9 compliance read the new handbook. For non-immigration compliance gurus, the reading of the handbook may be the answer for insomnia.
  2. Attorney and Spouse Sentenced to 2 Years Probation for Visa Fraud

    By Bruce Buchanan, Sebelist Buchanan Law

    Click image for larger version. 

Name:	scales-of-justice-MAoD2i-clipart.jpg 
Views:	31 
Size:	2.8 KB 
ID:	1171

    After pleading guilty to fraud in relation to H-1B visas, New York immigration lawyer Loreto Kudera, and his wife, Hazel Kudera, the owner of several medical staffing agencies, were sentenced to two years probation and fined $25,000 each. Previously, they had forfeited $1 million.

    Hazel Kudera owned multiple staffing agencies in New York that specialized in providing nurses to hospitals, outpatient and skilled nursing facilities. According to the government, Hazel and Loreto Kudera submitted at least 100 fraudulent applications to authorities, and profited from filing fees collected from the nurses and from the health care facilities that paid Hazel Kudera’s staffing agencies.

    Hazel and Loreto Kudera falsely stated that the foreign nurses would be working in specialty occupations at prevailing wage rates when in actuality they were going to work as licensed practical nurses (LPNs) or registered nurses (RNs) at much lower rates of pay.

    As part of the alleged scam, Hazel Kudera falsified a staffing agreement between NYC Healthcare Staffing and Dewitt Rehabilitation listing job positions that did not exist, such as clinical coordinator and health care quality assurance manager, in order to cover up the false job titles she provided to USICS.
  3. IER Settles Immigration-Related Discrimination Claim Against Levy Restaurants

    By: Bruce Buchanan, Sebelist Buchanan Law

    Click image for larger version. 

Name:	LEVY_header.jpg 
Views:	32 
Size:	6.6 KB 
ID:	1170

    The Immigrant and Employee Rights Section (IER), formerly known as the Office of Special Counsel for Immigration-Related Unfair Employment Practices, reached a settlement agreement with Levy Premium Foodservice Limited Partnership d/b/a Levy Restaurants. The settlement resolves the investigation of a charge filed by the charging party, a lawful permanent resident, against Levy’s Barclay Center restaurant in Brooklyn, New York, alleging discrimination in violation of the Immigration and Nationality Act (INA).

    The IER concluded that Levy discriminated against two lawful permanent residents by improperly reverifying their employment eligibility because of their immigration status. It also determined that Levy improperly required them to present specific types of documents to re-establish their employment eligibility and suspended the charging party when he was unable to present such a document.

    The anti-discrimination provision of the INA prohibits employers from subjecting employees to unnecessary documentary demands based on the employee’s citizenship, immigration status or national origin.

    Levy cooperated throughout the investigation, quickly reinstated the charging party, and restored his lost wages and leave benefits. Under the settlement, Levy must pay a civil penalty of $2,500 to the United States, undergo IER-provided training on the anti-discrimination provision of the INA, and be subject for one year to IER monitoring and reporting requirements – providing the I-9 forms of all non-U.S. employees hired during this period of time to IER for review as to whether Levy Restaurants is abiding by the law.

    This settlement demonstrates the need for employers to be careful as to the presentation of documentation by employees. Employers may not demand the presentation of certain documents, such as a green card. Rather, it is up to each individual employee to choose document(s) that are listed on the List of Acceptable documents.
  4. OCAHO States Good Faith Does Not Warrant 25% Mitigation

    By Bruce Buchanan, Sebelist Buchanan Law

    Click image for larger version. 

Name:	Department of Justice PNG.jpg 
Views:	31 
Size:	20.7 KB 
ID:	1169

    In another decision involving a small restaurant in Hamburg, the Office of Chief Administrative Hearing Officer (OCAHO) reduced the restaurant’s penalty from $46,657 to $33,725 for four violations of failing to prepare and/or present I-9 forms and 67 violations for failing to properly complete I-9 forms. See U.S. v. 3679 Commerce Place, Inc. d/b/a Waterstone Grill, 12 OCAHO no.1296 (2017).

    Since Waterstone Grill admitted liability, the only issue before OCAHO was the amount of the penalties. Immigration and Customs Enforcement (ICE) used $935 as the baseline penalty per violation based on a violation rate of over 50%. In an unusual twist, ICE found a 25% mitigation was warranted based upon the restaurant’s good faith in preparing the I-9 Forms. Normally, the five statutory factors, including good faith, are worth the 5% mitigation or aggravation. ICE also mitigated by 5% each due to the restaurant’s small size and the 67 employees in Court II were determined to be eligible for employment. ICE aggravated by 5% for the seriousness of the violations.

    Waterstone Grill asserted it deserved mitigation for three of the four employees in Count I because they were authorized to work and several non-statutory factors, including general public policy of leniency toward small businesses, its cooperation with ICE during the investigation, including enrolling in E-Verify, and its inability to pay the $47,000 penalty.

    OCAHO found 25% mitigation for good faith was unwarranted, especially where ICE offered no explanation for the size of the mitigation. However, some mitigation, which was not defined, was warranted. Concerning its inability to pay, OCAHO found it failed to show it could not pay the penalty, but found the proposed penalty should be viewed in light of the company’s financial situation. Although OCAHO found an employer’s post-inspection remedial measures may support mitigation, it declined to find such here.

    OCAHO found ICE failed to prove the employees in Count I were unauthorized to work. OCAHO stated “it does not always follow that a factor found not to be aggravating (which is normally where the factor of unauthorized workers is found) must necessarily and automatically be mitigating.” However, in this case, OCAHO decided this was a mitigating factor.

    OCAHO determined the proposal penalty should be reduced to $475 each for a total penalty of $33,725. As the facts demonstrate, if Waterstone would have performed an internal I-9 audit before ICE arrived with the NOI, most of the I-9 violations could have been corrected and not subject to a penalty.
  5. OSC Settles Immigration-Related Discrimination Claim Against J.E.T. Holding

    By Bruce Buchanan, Sebelist Buchanan Law

    Click image for larger version. 

Name:	northern-marianas0.gif 
Views:	30 
Size:	11.2 KB 
ID:	1168

    The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) (just renamed the Immigrant and Employee Rights Section of the Civil Rights Division of the Department of Justice) reached a settlement to resolve claims that J.E.T. Holding Co. Inc. discriminated against U.S. citizens, lawful permanent residents, and certain work-authorized immigrants in violation of the Immigration and Nationality Act (INA). J.E.T. is a company based in Saipan, Commonwealth of the Northern Mariana Islands (CNMI), where it operates a restaurant, bowling alley and amusement center.

    The investigation found evidence that for approximately the first five months of 2016, J.E.T. engaged in a pattern or practice of refusing to hire U.S. citizens, lawful permanent residents, and other work-authorized individuals for several dishwasher positions. OSC concluded that J.E.T. failed to consider qualified U.S. citizen applicants and others based on their citizenship or immigration status because of a preference for hiring non-immigrant foreign workers with CW-1 visas. The CW-1 visa grants temporary work authorization to its beneficiaries and is only available in the CNMI.

    Under the terms of the settlement, J.E.T. will pay a civil penalty of $12,000, establish a backpay fund of $40,000 to compensate qualified claimants for any lost wages through a claims process, train its workers on the anti-discrimination provision of the INA, and be subject to department monitoring.
Page 11 of 68 FirstFirst ... 9101112132161 ... 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: