Bruce Buchanan 
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
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
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
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
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
After almost a year since the last decision concerning the amount of I-9 penalties, Office of the Chief Administrative Hearing Officer (OCAHO) issued a decision in United States v. Psychosomatic Fitness, LLC, and Psychosomatic Fitness Phoenix, LLC, d/b/a Psychosomatic Transformation Center, (PFL) 14 OCAHO no. 1387a (May 27, 2021), reducing the employer’s I-9 penalties by … Read more
On May 26, 2021, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension until August 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 policy began on March 19, 2020, when due … Read more
The National Labor Relations Board (NLRB or Board) has affirmed an Administrative Law Judge’s decision and found an employer was required to bargain with a union over the effects of Frontier’s decision to require employees to complete new I-9 forms and supply certain requested information. See Frontier Communications Corp, 370 NLRB No. 131 (May 26, … Read more
As an early Christmas present to employers, on December 23, 2020, U.S. Immigration and Customs Enforcement (ICE) announced another extension until January 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. Originally, on March 19, 2020, due to COVID-19 precautions … Read more
As we begin anew after four years of hell under President Trump’s anti-immigration policies, many are wondering what President-Elect Biden’s Immigration policies will look like. We have some guidance as Biden’s campaign website lists a number of his immigration plans. Furthermore, immigration attorneys are hopeful for a more immigration-friendly Department of Homeland Security, Immigration & … Read more