Maverick Construction Receives 36% Reduction in I-9 Penalties from OCAHO

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The Office of the Chief Administrative Hearing Officer (OCAHO) issued a new I-9 penalty decision in United States v. Maverick Construction, LLC, 15 OCAHO no. 1405a (Apr. 21, 2022), where the company’s I-9 penalties were reduced by 36.1% from $286,356 to $183,600. Facts On July 16, 2018, Immigration and Customs Enforcement (ICE) served a Notice … Read more

DHS/ICE Extends I-9 Virtual Verification until October 31, 2022

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On April 25, 2022, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced a six-month extension until October 31, 2022, of the policy allowing remote or virtual verification of the documentation required for a Form I-9 when a workforce is working remotely. It is unlikely that this extension will be … Read more

DHS/ICE Again Extend I-9 Virtual Verification

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On December 15, 2021, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced another four-month extension until April 30, 2022, of the policy allowing remote or virtual verification of the documentation required for a Form I-9 when a workforce is working remotely. It is unlikely that this extension will be … Read more

DOJ Immigration-Related Fines Increased Again in December 2021

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The U.S. Department of Justice has increased a variety of immigration-related fines/penalties, effective December 13, 2021. These increases were pursuant to the Federal Civil Penalties Inflation Adjustment Act of 2015. Since that time, penalties have been adjusted yearly based on the rate of inflation, which for last year was 1.01182 percent. Below are the offenses … Read more

OCAHO Issues Several I-9 Penalty Decisions in December 2021

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The Office of the Chief Administrative Hearing Officer (OCAHO) recently issued three decisions, United States v. Maverick Construction LLC, 15 OCAHO no. 1405 (Dec. 16, 2021), United States v. Bazan’s Enterprises, Inc., d/b/a Taco Ole Mission, 15 OCAHO no. 1408 (Dec. 20, 2021), and United States v. Bazan’s Enterprises, Inc., d/b/a Taco Ole Edinburg, 15 … Read more

DHS has Increased Immigration-Related Fines in 2021

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The U.S. Department of Homeland Security (DHS) has increased several immigration-related fines/penalties, effective October 19, 2021. These increases were pursuant to the Federal Civil Penalties Inflation Adjustment Act of 2015. Since that time, penalties have been adjusted yearly based on the rate of inflation. Below is a chart listing the increases: Offense                                                                       Old Penalty                New … Read more

DOJ and DOL Reach Settlements with Facebook Resolving Claims of Discrimination Against U.S. Workers and PERM Violations

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The U.S. Department of Justice (DOJ), through the Civil Rights Division’s Immigrant and Employee Rights Section (IER),  and the U.S. Department of Labor (DOL) have reached separate settlement agreements with Facebook regarding its use of the PERM labor certification program. The DOJ’s settlement resolves claims that Facebook routinely refused to recruit, consider, or hire U.S. … Read more

DHS/ICE Extend I-9 Virtual Verification through December 31, 2021

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At the last hour on August 31, 2021, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of four months until December 31, 2021, of the policy allowing remote or virtual verification of the documentation required for a Form I-9 when a workforce is working remotely. This is … Read more

IER Settles with Ascension to Resolve Software-Based Immigration-Related Discrimination Claims

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The Civil Rights Division’s Immigrant and Employee Rights Section (IER) of the Department of Justice (DOJ) has reached a settlement with Ascension Health Alliance (Ascension), a health care organization with more than 2,600 sites, including 146 hospitals, in 19 states and D.C. The settlement resolves claims that Ascension violated the Immigration and Nationality Act (INA) … Read more

USCIS Seeking Public Comment on Use of Permanent Remote I-9 Verification

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On October 26, 2021, the Department of Homeland Security (DHS) and the USCIS announced they were seeking public comment concerning alternative options to physical document examination that offer an equivalent or higher level of security for identity and employment eligibility verification purposes (meaning elimination of in-person physical examination of documents). The comments are due by … Read more

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We hope you find our newsletters help you better navigate employment and labor law issues.