Anti-discrimination Issues in Sponsorship Decisions ITAR and Verification I-9s and E-Verify
View the panel discussion from the June 2024 annual conference of the American Immigration Lawyers Association
Court Enjoins OCAHO from Conducting I-9 Enforcement Proceedings Against Walmart
Permanent Injunction Issued In a decision dated March 25, 2024, Chief Judge Randall Hall of the Southern District of Georgia, issued an Order permanently enjoining the U.S. Department of Justice, Office of the Chief Administrative Hearing Officer (OCAHO), from directly or indirectly adjudicating claims of I-9 violations brought against Walmart, Inc. by Immigration and Customs…
Transitioning to the Condensed and Restructured Form I-9
In a previous post we reported on the DHS final rule authorizing remote I-9 employment verification for certain employers enrolled and actively participating in the E-Verify procedure. In conjunction with the rule change, DHS rolled out a new edition of the Form I-9 on 08/01/23 and invited employers either to begin using the new form…
DHS Clarifies that Even Employers Eligible for Remote Verification are required to reinspect ID identity documents prior to August 30, 2023
While DHS can be congratulated for stepping into the digital age and recognizing remote I-9 verification procedures as a secure alternative to in-person verification, the latest advice posted to the DHS I-9 Central website is a step in the wrong direction. In the excerpted FAQ below, DHS advises that even if an employer were enrolled…
DHS Finalizes Rule Authorizing Remote I-9 Verification by Eligible Employers Beginning August 1, 2023 – With a Bonus!
The Department of Homeland Security (DHS) published a final rule on July 25, 2023, implementing a pilot program for remote I-9 processing by “eligible employers” for the indefinite future. In so doing, DHS headed the recommendations of most employer organizations who commented on the proposed rule and rejected the argument that in-person inspection of individuals…
Walmart Files Constitutional Challenge to OCAHO Jurisdiction
Prior to the COVID pandemic, 20 Walmart store locations in and around Bethlehem, Pennsylvania, were served with I-9 notices of inspection by The Department of Homeland Security, Immigration and Customs Enforcement (ICE). Following these investigations, ICE issued 20 separate notices of intent to fine against Walmart asserting that the electronic I-9 retention system maintained by…
Don’t Permit an I-9 Time Bomb To Explode on August 4, 2023
Approaching the End of the DHS Virtual I-9 Processing Option This post discusses the risks of failing to comply with the Secondary Inspection requirement of the March 2020 DHS/ICE I-9 Flexibility Guidance. Background The Department of Homeland Security (DHS) and its antecedent, the U.S. Immigration and Naturalization Service (INS) interpret the employee verification provisions of…
DOJ & DOL Announce Increased Penalties for IRCA, LCA, and Immigrant Labor Violations
DOJ and DOL have rushed to implement increases in civil money penalties for 2023 worksite immigration enforcement activity based on a 7.7% inflation rate. Effective 1/31/23, the base civil money penalty for I-9 paperwork first offenses will range from $272 to $2701 @ violation while the base penalty for knowingly hiring or continuing to employ…
NDHS Announces Process Enhancements for the Deferred Action Program
NDHS Announces Process Enhancements for the Deferred Action Program Protecting Undocumented Workers from Retaliation for Reporting Labor Law Violations Deferred action is a form of prosecutorial discretion to defer removal action (deportation) against a noncitizen for a certain period of time. Although deferred action does not confer lawful status or excuse any past or future…
Non-Compete Agreements for H-1B Workers at Risk
The FTC has published a proposed rule prohibiting the use of non-compete agreements nationwide, except in connection with the sale of a business. Overly broad non-disclosure clauses are recognized under the rule as constructive non-compete agreements if the effect is to render workers unemployable in their specialty occupation. DOL regulations currently allow for the use…