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I-9 E-Verify Immigration Compliance

Office of Special Counsel Settles with Staffing Agency; by Bruce E. Buchanan, Siskind Susser, PC

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The Department of Justice, through the Office of Special Counsel (OSC) for Immigration-Related Unfair Employment Practices has reached an agreement with The Agency Staffing of West Dundee, Illinois, resolving claims that the staffing company violated the anti-discrimination provisions of the Immigration and Nationality Act (INA).


The investigation was initiated based on a referral from the U.S. Citizenship and Immigration Services (USCIS).   The investigation concluded The Agency Staffing applied enhanced employment eligibility procedures to work-authorized non-U.S. citizens that were run through E-Verify.  The company did not utilize these additional procedures when it ran U.S. citizens through E-Verify. 


Under the settlement agreement, The Agency Staffing will pay $8,400 in civil penalties to the United States, undergo Justice Department training on the anti-discrimination provision of the INA, and be subject to monitoring of its employment eligibility verification practices for a period of three years.  


This settlement is just another example of the OSC actively pursuing employers for violating the INA. Employers need to remember to utilize the same procedures for citizens and non-citizens.








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