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

UPDATED: Employer “DOs and DON’Ts” for Hiring, Firing, and E-Verify in 2014

Rating: 2 votes, 5.00 average.
By Bruce Buchanan, Siskind Susser
Click image for larger version. 

Name:	doj.jpg 
Views:	109 
Size:	6.4 KB 
ID:	774

For several years now, the U.S. Department of Justice’s Office of Special Counsel (OSC) for Immigration-Related Unfair Employment Practices, has published a helpful guide for employers known as the DOs and DON’Ts of using E-Verify. Building on that same information, the OSC recently released a companion guide known as the “Fact Patterns Flyer”, which includes real examples of employer mistakes in the hiring and firing process, Form I-9 and E-Verify processes, and INA anti-discrimination compliance.

Examples were sourced from cases that OSC investigated in the last four years, and here are some excerpts:

-What if an employer refuses to hire workers who look or sound ‘foreign’?
“Employer agreed to pay $18,550 in back pay to a non-U.S. citizen….”

-What if an employer asks Permanent Residents for a new green card when the current card expires?
“Employer agreed to create a $100,000 back pay fund to compensate terminated workers and to pay $175,000 in civil penalties…”

-What if an employer retaliates against a worker who asserts rights protected under the INA anti-discrimination provision?
“Employer paid $1,800 in back pay and $3,000 in civil penalties…”

-What if an employer prefers to hire exclusively U.S. citizens when there is no law, rule or regulation requiring employees be U.S. citizens?
“Employer agreed to pay $100,000 in civil penalties…”

These scenarios show why employers, both large companies and small businesses, should have immigration policies in place, such as an I-9 Compliance Policy and Anti-Discrimination Policy, to avoid using separate standards when requesting documentation from U.S. citizens and non-U.S. citizens. It is also prudent for employers to periodically self-audit under the supervision of an immigration compliance attorney to help avoid potential errors in the hiring, firing, and E-Verify processes.

For the full examples, you can access the OSC Fact Patterns Flyer (Rev. June 2014) at: http://www.justice.gov/crt/about/osc...patterns_2.pdf

For the most recent version of DOs and DON’Ts of using E-Verify, visit this link: http://www.justice.gov/crt/about/osc...sanddonts3.pdf

Stay up-to-date with Siskind Susser's Immigration Compliance blog for employers at www.employerimmigration.com .

Click image for larger version. 

Name:	siskind_susser_logo.jpg 
Views:	89 
Size:	3.2 KB 
ID:	775 ABOUT THE AUTHOR: Bruce Buchanan is an attorney with the law firm of Siskind Susser P.C. - www.visalaw.com - a full service U.S. immigration law firm representing employers and individuals nationwide for over 20 years. You can also follow this author on social media via Facebook and on Twitter @BuchananVisaLaw .

Submit "UPDATED: Employer “DOs and DON’Ts” for Hiring, Firing, and E-Verify in 2014" to Facebook Submit "UPDATED: Employer “DOs and DON’Ts” for Hiring, Firing, and E-Verify in 2014" to Twitter Submit "UPDATED: Employer “DOs and DON’Ts” for Hiring, Firing, and E-Verify in 2014" to Google Submit "UPDATED: Employer “DOs and DON’Ts” for Hiring, Firing, and E-Verify in 2014" to StumbleUpon Submit "UPDATED: Employer “DOs and DON’Ts” for Hiring, Firing, and E-Verify in 2014" to Reddit Submit "UPDATED: Employer “DOs and DON’Ts” for Hiring, Firing, and E-Verify in 2014" to Digg Submit "UPDATED: Employer “DOs and DON’Ts” for Hiring, Firing, and E-Verify in 2014" to del.icio.us

Comments

  1. Retired INS's Avatar
    I attended the first INS conference on employer sanctions held by INS Commissioner Alan Nelson. All of the information in the above sample cases was covered. At first we only gave warnings to employers. We visited as many employers as would invite us to speak to their supervisors and Human Relations departments. However, that was a very small percentage of employers. The fines imposed by ICE are usually smaller than the punishment imposed by DOJ when the Office of Special Counsel gets involved.

    If employers just read the I-9 handbook they could avoid most problems. My advice to employers was to interview as if everyone is a citizen. After a selection is made, then ask the selectee to fill out the I-9. If he or she has no work authorization, go with the next best candidate.
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: