Regulatory News

Monday, August 1, 2016

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 maintain properly completed USCIS I-9 paperwork forms. On June 16, 2016, the U.S. Department of Justice (DOJ) published an interim final rule implementing the new formula beginning with fine citations issued on and after August 1, 2016.   

The new penalty range for paperwork violations has been reset in the range of $216 to $2,156 per non-compliant I-9 Form.

Read more . . .

Thursday, March 17, 2016

Employer Regulatory Alert


Large technology employers appear pleased as punch with the new DHS final rule authorizing an extension of up to 24 months of optional practical training for F-1 student visa holders with STEM degrees published in the Federal Register of March 11, 2016.  As finalized, the new rule provides insurance  against the loss of the F-1 STEM student's services should the  employer’s H-1B sponsorship petition on behalf of  the worker fail to be selected by DHS in the annual H-1B lottery.   The availability of the STEM OPT 24-month extension buys not only continuing employment authorization but the opportunity to participate in two more annual H-1B lottery drawings.  It may also provide sufficient time, depending on the circumstances, to sponsor the worker for permanent resident status.  

Read more . . .

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