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. ICE to Increase Worksite Immigration Enforcement Actions in Tennessee

    By: Bruce Buchanan, Sebelist Buchanan Law

    Click image for larger version. 

Name:	ICE Shield.jpg 
Views:	49 
Size:	5.5 KB 
ID:	1249

    Immigration and Customs Enforcement (ICE), through Homeland Security Investigations (HSI), plans to increase worksite immigration enforcement actions across Tennessee in 2018, according to Robert Hammer, an assistant special agent in charge of HSI in Nashville, Tennessee. As previously reported, Thomas D. Homan, acting director of U.S. Immigration and Customs Enforcement, has stated there will be 4 to 5 times increase in worksite enforcement actions, usually referred to as inspections, in 2018. See http://blogs.ilw.com/entry.php?10186...-Current-Level.

    Hammer made this statement after the indictment of 20 undocumented workers for using fake IDs to work in a sensitive air cargo area at Memphis International Airport.

    http://blogs.ilw.com/entry.php?10292...mented-Workers. Hammer also stated worksite immigration investigations will likely focus on "critical infrastructure," such as airports, defense contractors, food distribution and other businesses that have an impact on the general safety and welfare of the community. The emphasis on critical infrastructure is because the agency is making it one of its priorities.

    Although the Obama Administration greatly increased worksite immigration enforcement actions from 2009 through 2014, it curtailed these operations in the last two years of its administration. The Trump Administration’s increase will more than double the highest number of worksite immigration enforcement actions under the Obama Administration. Increased enforcement could have a big impact on companies and industries that use immigrant labor, especially in those states which do not require the use of E-Verify.

    If an employer receives a Notice of Inspection from ICE, its I-9 forms may show the employment of undocumented workers and the employer may have knowingly hired unauthorized workers, which is against the law. Alternatively, an employer may not have knowingly hired unauthorized workers but still those undocumented workers must be discharged (unless they quit) or the employer will be fined.

    If you want a full discussion of the possible criminal and civil sanctions against employers for violating immigration laws, I recommend you read my book, The I-9 and E-Verify Handbook, which is available at http://www.amazon.com/dp/0997083379. There are chapters dedicated to civil penalties and criminal sanctions for violating immigration laws.
  2. DOJ Settles Case Under U.S. Workers Initiative

    By: Bruce Buchanan, Sebelist Buchanan Law PLLC

    Click image for larger version. 

Name:	Crop Production Services 2.jpg 
Views:	39 
Size:	5.0 KB 
ID:	1248

    Immigrant and Employee Rights Section (IER) of Department of Justice (DOJ) and Crop Production Services Inc. (Crop Production), an agricultural company headquartered in Loveland, Colorado, reached a settlement agreement. The settlement resolves a lawsuit the IER filed against the company on September 28, 2017, alleging the company discriminated against U.S. citizens because of a preference for foreign visa workers, in violation of the Immigration and Nationality Act (INA).

    The settlement is part of the DOJ’s Protecting U.S. Workers Initiative, an initiative aimed at targeting, investigating, and bringing enforcement actions against companies that discriminate against U.S. workers in favor of foreign visa workers.

    The lawsuit alleged that in 2016, Crop Production discriminated against at least three United States citizens by refusing to employ them as seasonal technicians at its El Campo, Texas location because the company preferred to employ temporary foreign workers under the H-2A visa program. According to the complaint, Crop Production imposed more burdensome requirements on U.S. citizens than it did on H-2A visa workers to discourage U.S. citizens from working at the facility. For instance, the complaint alleges that although U.S. citizens had to complete a background check and a drug test before being permitted to start work, H-2A visa workers were allowed to begin working without completing them and, in some cases, never completed them. Ultimately, all of Crop Production’s 15 available seasonal technician jobs in 2016 went to H-2A visa workers instead of U.S. workers. For more information on the lawsuit, see my prior blog entry at http://blogs.ilw.com/entry.php?10157...t-U-S-Citizens.

    Under the INA, it is unlawful for employers to intentionally discriminate against U.S. workers because of their citizenship status or to otherwise favor the employment of temporary foreign visa workers over available, qualified U.S. workers. In addition, the H-2A visa program allows employers to hire foreign visa workers only if there is not enough qualified and available U.S. workers to fill the jobs.

    The settlement agreement requires Crop Production to pay civil penalties of $10,500 to the United States; undergo department-provided training on the anti-discrimination provision of the INA; revise employment policies to assure that Crop Production does not discriminate on the basis of citizenship, and clarify that H-2A visa holders may only be hired in the absence of any qualified and available U.S. workers; and comply with departmental monitoring and reporting requirements for a two-year period. In a separate agreement with workers represented by Texas RioGrande Legal Aid, Crop Production agreed to pay $18,738.75 in lost wages to affected U.S. workers.

    For answers to many other questions 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.
  3. When does Employer Need to Re-Verify Employee’s I-9 form?

    By: Bruce Buchanan, Sebelist Buchanan Law

    Click image for larger version. 

Name:	BOOK.jpg 
Views:	39 
Size:	4.8 KB 
ID:	1247

    From my observations of conducting numerous internal I-9 audits and representing employers in ICE I-9 inspections, I have noticed some employers do not comprehend when to reverify an employee. This article will try to simplify the process.

    If an employee is not a U.S. citizen or lawful permanent resident, he is likely working based on a status with a defined end date. For these employees, the employer must note the expiration date of their document(s) on the I-9 form, pull the employee’s I-9 form before its expiration date, and re-verify that the employee’s status has been extended. Employers should establish a reliable tickler system to prompt reverification. Aside from complying with the re-verification rule, this system will also ensure that an employer that needs to extend a work visa for an employee will not forget to take care of this critical task.

    Employers may not specify which documents an employee may present either at the time of hire or at the time of re-verification. An employee may have become a lawful permanent resident or otherwise received employment-authorized status allowing the employee to obtain a Social Security card, as discussed below, absent the sponsorship of the employer, so the employer should not assume the employee is unauthorized. An employee may present a Social Security card to show employment authorization at re-verification if the Social Security card is not restricted with a statement such as “not valid for employment,” “valid for work only with DHS authorization” or “valid for work only with INS authorization.” This type of Social Security card must be accompanied by an Employment Authorization Document (EAD) to be valid.

    Returning employees often do not need to complete a new I-9 form, but if that is not done, the employer needs to re-verify the employee’s work authorization in Section 3 of the I-9 form, if the formerly listed work authorization has expired. If a new version of the I-9 form has come out since the last time the I-9 form was completed, the employer may complete a new form or use Section 3 of the existing completed I-9 form. And if the form has been completed in Section 3 from a previous re-verification, the employer should complete Section 3 of a new I-9 form. Plus, the employer should put the employee’s name in Section 1 and retain the new form with the original.

    One final reminder - green cards, driver’s licenses, and passports with expiration dates do not need to be re-verified.

    For more information on reverification 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.
  4. Employers Beware: ICE is Targeting Companies Who Hire Undocumented Workers

    By: Bruce Buchanan, Sebelist Buchanan Law

    Click image for larger version. 

Name:	Provide Staff.png 
Views:	12 
Size:	8.5 KB 
ID:	1245

    In mid-December, the federal government, through the U.S. Attorney’s office in Memphis and Immigration and Customs Enforcement (ICE), indicted 20 undocumented workers for using fake identification to get their jobs. These workers were employed at Expeditors International, a Memphis logistics company, and hired through a staffing agency, Provide Staffing Services.

    Robert Hammer, assistant special agent in charge with Homeland Security Investigations (HSI), a branch of ICE, stated the federal government is aggressively pursuing this case because the undocumented workers had access to a sensitive air cargo area at Memphis International Airport that required special clearance. “It is imperative for the safety and security of our airports, seaports and railyards that all individuals requiring this type of special vetting present valid and genuine identification documents in the hiring process,” he said.

    The U.S. Attorney for the Western District of Tennessee, Michael Dunavant, stated ICE plans to increase its focus on this type of criminal investigation in Tennessee throughout 2018. "Our enforcement strategy is going to be dual-pronged, focusing on both employers and the employees. According to the U.S. Attorney, no one with the companies that hired the workers has been indicted but the investigation is ongoing.

    If it is determined that the staffing company and/or Expeditors International had knowledge, actual or constructive, that the workers’ identification documents used in the I-9 work authorization process were fake, the companies and management would be subject to criminal prosecution by the federal government. It appears the federal government is taking this very seriously due to the workers’ access to a sensitive air cargo area that required special clearance.

    I expect ICE to continue to crackdown on employers’ use of undocumented workers in 2018. If you want a better understanding of the possible criminal and civil sanctions against employers within immigration compliance, I recommend you read my book, The I-9 and E-Verify Handbook, which is available at http://www.amazon.com/dp/0997083379.
  5. I-9 and E-Verify Handbook – Book Review

    By: Bruce Buchanan, Sebelist Buchanan Law

    Click image for larger version. 

Name:	BOOK.jpg 
Views:	17 
Size:	4.8 KB 
ID:	1244

    As many of you know, Greg Siskind and I have published a book, The I-9 and E-Verify Handbook (2nd edition). If you would like to know more about the book, SHRM has just published a positive book review, where they discuss various aspects of the book. You may view the review at: https://www.shrm.org/hr-today/news/h...d-everify.aspx

    If you would like to purchase the book, it is available at Amazon -http://www.amazon.com/dp/0997083379.
Page 3 of 74 FirstFirst 123451353 ... 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: