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...
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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...
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...
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...
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...
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.
DOJ & DOL Announce Increased Penalties for IRCA, LCA, and Immigrant Labor Violations Continue reading…
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...
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...
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...
Meet and Greet with Jon Meacham
So thrilled to get to meet Jon Meacham and have him sign my copy of "Finding the Light: Abraham Lincoln and the American Struggle." If you haven't read it - you should. Meacham lights the way in these divided times. Three cheers!
Employers Awaiting the Results of an I-9 Audit Initiated After November 2, 2016 May Be in For an Unpleasant Shock
An obscure provision in the Bipartisan Budget Act of 2015, which took effect November 2, 2015, dramatically changed the formula for calculating inflation adjustments to existing federal penalty schedules, including the penalties for knowingly hiring or continuing to employ an undocumented alien worker and for failing to prepare and...