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Immigration News and Information

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February 20, 2012 - Immigration Update
by Bruce Buchanan

The Social Security Administration (SSA) in September 2011 resumed its practice of sending employers “no-match” letters for tax year 2010.

January 16, 2012 - DOJ Files Lawsuit Alleging Employment Discrimination by Home Health Care Company
by Bruce Buchanan

The Justice Department filed a lawsuit against Home Care Giver Services Inc., a Florida corporation that provides home health aides, certified nursing assistants, licensed practical nurses and registered nurses to customers who seek home-based care givers.

January 13, 2012 - DOJ Reaches Settlement with BAE Systems Ship Repair
by Bruce Buchanan

The Justice Department announced it reached a settlement with BAE Systems Ship Repair Inc., a leading provider of ship repair services, to settle allegations that its subsidiary, BAE Systems Southeast Shipyards Alabama LLC, engaged in a pattern or practice of discrimination by imposing unnecessary and additional documentary requirements on work-authorized non-U.S. citizens when establishing their eligibility to work in the United States.

January 12, 2012 - DOJ Settles Allegations of Citizenship Status Discrimination
by Bruce Buchanan

The Department of Justice settled with Garland Sales Inc., a Georgia rug manufacturer, concerning allegations that it engaged in discrimination by imposing unnecessary documentary requirements on individuals of Hispanic origin when establishing their eligibility to work in the United States, and it retaliated against a worker for protesting his discriminatory treatment.

January 11, 2012 - Bakery owner, manager fined nearly $400,000 for employing illegal workers
by Bruce Buchanan

A La Jolla, Calif., bakery, The French Gourmet, Inc., along with its owner and manager, were ordered to forfeit $109,200 in illicit proceeds gained from the illegal hiring practices and pay $277,375 for its felony conviction of employing more than 10 illegal alien workers in a 12-month period.

December 6, 2011 - Manager Charged Criminally for Hiring Illegal Aliens
by Bruce Buchanan

A manager at Grigg Box Company, a specialty pallet and box manufacturing company in Detroit was arrested Tuesday by agents with U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) on criminal charges of knowingly accepting false documentation in the course of hiring undocumented workers.

November 23, 2011 - OCAHO Fines Company $43,000
by Bruce Buchanan

Office of Chief Administrative Hearing Officer (OCAHO) recently issued a decision, Alyn Industries d/b/a Electronic Source Company, fining the company $43,000 for 62 substantive violations.

November 11, 2011 - Happy Veterans Day
by J. Marcel Hernandez

Today on Veterans Day, I am comforted by the memory of my Abuelito (Grandfather), Renato Basurto.

November 10, 2011 - Dairy Farm and Owners Ordered to Pay $2.74 Million for Employing Illegal Aliens
by Bruce Buchanan

Aquila Farms, LLC, and its owners, Johannes and Anthonia Verhaars, were ordered to pay fines totaling $734,000, required to make payments totaling $2,000,000 in lieu of forfeiture and sentenced to probation for hiring illegal aliens and aiding and abetting each other to do so.

November 9, 2011 - Should You Invite the Federal Government to Fine Your Company?
by Bruce Buchanan

In early November 2011, U.S. Immigration and Customs Enforcement (ICE) announced seven major employers, Best Western International, Chick-fil-A, Inc., Hyatt, Kelly Services, Lexmark, Smoothie King and Toyota Motor Engineering and Manufacturing of North America agreed to join the agency's employment compliance program or "ICE Mutual Agreement between Government and Employers" (IMAGE).

November 9, 2011 - ICE is Back!! With More Inspections
by Bruce Buchanan

The U.S. Immigration and Customs Enforcement (ICE) issued Notices of Inspection (NOIs) to a number of employers on November 4, 2011. ICE will not release the number of NOIs or the names and locations of the businesses served with NOIs.

November 8, 2011 - Owner’s Speeding leads to his Company pleading Guilty to Employing Undocumented Workers
by Bruce Buchanan

J & J Industrial Supply Inc., a St. Louis business, whose owner was caught speeding with his undocumented workers in the car, has pled guilty to knowingly and intentionally hiring more than 10 illegal aliens in a 12-month period.

October 26, 2011 - New Employment Authorization Card Design
by Bruce Buchanan

The USCIS has announced a new Employment Authorization Document card (EAD) with new features to strengthen security and deter fraud.

October 21, 2011 - Obama Immigration Policy Update
by J. Marcel Hernandez

This week, the Department of Homeland Security’s Janet Napolitano stated “prosecutorial discretion” on the 300,000 + pending immigration cases would begin in two or three weeks. What’s the problem?

October 19, 2011 - Bakery Owner, Manager Plead Guilty to Employing Undocumented Workers
by Bruce Buchanan

The owner and manager of a La Jolla, California bakery pleaded guilty Thursday to a longtime practice of hiring illegal aliens following a four-year probe by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).

October 17, 2011 - Judge Fines Your Company $173,250 after ICE Audit
by Bruce Buchanan

The Chief Administrative Law Judge found Ketchikan Drywall Services (KDS) committed 225 separate I-9 violations and was fined $173,250. Immigration and Customs Enforcement (ICE) subpoenaed employees’ I-9s and supporting documentation for a period dating back 3+ years.

October 17, 2011 - 11th Circuit Blocks More of Alabama’s HB 56 Immigration Law
by Bruce Buchanan

The 11th Circuit U.S. Court of Appeals issued an injunction blocking two more provisions of HB 56, Alabama’s strict immigration law.

October 14, 2011 - ICE Record Pace
by Bruce Buchanan

As of September 17, 2011 (10 1/2 months of FY 2011), Immigration & Customs Enforcement (ICE) has issued 2,393 Notice of Inspection (I-9 audits), which is more than 375% increase from the number issued in FY2008. Furthermore, ICE instituted 3,015 administrative/criminal investigations—a 54% increase from FY2008.

October 13, 2011 - South Sudan Nationals are Eligible for TPS and Sudan Nationals’ TPS is Extended
by Bruce Buchanan

The Secretary of Homeland Security (DHS) has designated South Sudan for Temporary Protected Status (TPS) for a period of 18 months, effective November 3, 2011 through May 2, 2013. This designation allows eligible South Sudan nationals who have continuously resided in the United States since October 7, 2004 to obtain TPS.

October 11, 2011 - California Prohibits Local Governments from Requiring E-Verify
by Bruce Buchanan

California has passed a new law which effectively nullifies various local ordinances which required employers to use E-Verify.

October 11, 2011 - H-1B Visas Still Available
by Bruce Buchanan

As of October 7, 2011, approximately 41,000 H-1B cap-subject petitions were received by the USCIS with the cap set at 65,000. Additionally, the USCIS has receipted 19,100 H-1B petitions for aliens with advanced degrees with the cap set at 20,000.

October 5, 2011 - Justice Department Files Lawsuit against Healthcare Provider Alleging Discrimination
by Bruce Buchanan

The Department of Justice filed a lawsuit against Generations Healthcare, a healthcare provider in California, alleging it engaged in a pattern or practice of discrimination by imposing unnecessary documentary requirements on naturalized U.S. citizens and non-U.S. citizens in order to work in the United States.

October 5, 2011 - Federal Judge Does Not Enjoin Alabama’s E-Verify Law
by Bruce Buchanan

A federal district judge in Alabama blocked the enforcement of some aspects of Alabama’s new immigration law but left intact the aspects of the law concerning E-Verify. Effective April 1, 2012, businesses with employees in Alabama must verify the work authorized status of all newly-hired workers using E-Verify.

October 4, 2011 - Important DO’s and DO NOT’s in Immigration Compliance
by Bruce Buchanan

Employers may not treat individuals because they are, or are not, U.S. citizens or work-authorized individuals. U.S. citizens, lawful permanent residents (LPRs), asylees, and refugees are protected from citizenship status discrimination.

October 3, 2011 - Utah Hotel Discharges 120 Employees After ICE Audits
by Bruce Buchanan

The Grand America Hotel in Salt Lake City, Utah has discharged approximately 120 employees, who could not provide legal documentation that they were authorized to work in the United States. The hotel’s action occurred after the U.S. Department of Homeland Security conducted an I-9 audit.

September 29, 2011 - Invalid Social Security Numbers
by Bruce Buchanan

As employers are well aware, some employees use invalid Social Security numbers when they file out their I-9 form. How can an employer know if the SSN provided is invalid. One way is to implement E-Verify and let them provide you a confirmation of work authorization or a tentative or final non-confirmation.

September 20, 2011 - IFCO Senior Managers Plead Guilty to Unlawful Employment of Illegal Aliens
by Bruce Buchanan

Five senior managers of the former IFCO Systems, N.A., a Houston-based corporation which owned and operated approximately 50 pallet repair services plants, pleaded guilty to hiring and employing unauthorized aliens at IFCO plants nationwide between January 2003 and April 2006.

September 13, 2011 - Mississippi’s and Louisiana’s
E-Verify Laws Are Fully in Effect
by Bruce Buchanan

This blog posting is a reminder to those companies with employees in Mississippi and/or Louisiana. Your company must comply with the states’ immigration laws related to E-Verify.

August 29, 2011 -DOJ Settles Immigration-Related Discrimination Case against Houston Employer
by Bruce Buchanan

The Justice Department has reached a settlement with Summit Steel Fabricators Inc. in Houston resolving allegations that the company engaged in discrimination against non-citizens in the employment eligibility verification process.

August 29, 2011 - E-Verify Returns to Minnesota
by Bruce Buchanan

Although more and more states are requiring E-Verify, Minnesota is the first state to return to E-Verify after previously dropping it. In April, 2011, Governor Mark Dayton dropped the previous E-Verify requirement, which had initially been implemented pursuant to an executive order of Governor Tim Pawlenty.

August 29, 2011 - DOJ Settles Immigration-Related Employment Discrimination for $290,400
by Bruce Buchanan

The Justice Department today reached a settlement with Farmland Foods Inc., a subsidiary of Smithfield Foods Inc., and a producer of pork products, headquartered in Kansas City, Missouri..

August 29, 2011 - Eurofresh forfeits $600,000 for Knowingly Hiring 17 Illegal Immigrants
by Bruce Buchanan

Tomato-grower Eurofresh Inc. pled guilty to knowingly hiring and continuing to employ at least 17 illegal immigrants in supervisory-level positions.

August 29, 2011 - DOJ and Kinro Manufacturing Settle Immigration-Related Discrimination Case
by Bruce Buchanan

The Department of Justice and Kinro Manufacturing Inc., a manufacturer of components for recreational vehicles and manufactured homes, settled resolving allegations that the company engaged in a pattern or practice of discrimination against work-authorized non-citizens in the employment eligibility verification process..

August 5, 2011 - DOJ Resolves Citizenship Discrimination Charge Against New Jersey Employer
by Bruce Buchanan

The Department of Justice has reached a settlement agreement with Iflowsoft LLC, a computer programming services provider in New Jersey, to settle allegations of a pattern or practice of citizenship status discrimination.

August 5, 2011 - More on LexisNexis and US Verify Dispute
by Bruce Buchanan

As reported on July 15, 2011, LexisNexis filed a breach of contract suit against USVerify demanding the immediate return of all I-9 data prepared in USVerify's system following the termination of the parties' reseller agreement.

August 5, 2011 - Georgia Board to Fine Companies Who Don't Follow Georgia's New E-Verify Law
by Bruce Buchanan

Under Georgia's new E-Verify law, a board, consisting of volunteer citizens, will examine complaints from registered Georgia voters about public bodies' failure to use either the E-Verify system.

August 5, 2011 - OSC Letters of Resolution
by Bruce Buchanan

The Office of Special Counsel within the Department of Justice released a summary of "letters of resolution" with employers in alleged violation of the Immigration and Nationality Act.

July 28, 2011 - DOJ Settles Employment Discrimination Case against Louisiana Company
by Bruce Buchanan

The Justice Department has reached a settlement with Brand Energy and Industrial Services and its subsidiary, Industrial Services LLC (ISI), resolving allegations that ISI engaged in a pattern or practice of discrimination against non-citizens in the hiring and employment eligibility verification process.

July 28, 2011 - ICE fines New England companies hiring unlawful employees
by Bruce Buchanan

Following an investigation and audit of employers’ I-9s Immigration and Customs Enforcement's (ICE), 14 New England employers have been fined this fiscal year for various violations that enabled companies to hire illegal aliens.

July 15, 2011 - LexisNexis Sues I-9 Agent
by Bruce Buchanan

LexisNexis Screening Solutions, Inc. has sued USVerify for injunctive relief and damages over the failure of USVerify to return I-9s after the contract between the two companies expired.

July 15, 2011 - Louisiana Passes E-Verify Laws
by Bruce Buchanan

Louisiana has joined many other states, many of which are in the South, in passing two E-Verify laws. One new law requires all private contractors who want to do business with a state or local public entity to use E-Verify to assure all employees are legally allowed to work in the U.S. This law is geared more towards public works contracts bid out by city councils, school boards and state agencies, such as the construction of a new school or bridge.

July 15, 2011 - Employers Beware of Bugs
by Bruce Buchanan

In December 2009, an Immigration and Customs Enforcement (ICE) investigation uncovered 33 undocumented employees at Mambo Seafood Restaurant's headquarters and two of its restaurants. Subsequently, three managers were indicated for conspiracy and making false statements.

July 7, 2011 - Indiana Judge Enjoins New Immigration Law
by Bruce Buchanan

A U.S. District Judge issued an injunction blocking Indiana’s new immigration law, set to take effect July 1, saying the state overstepped its boundaries.

June 30, 2011 - Mandatory E-Verify Introduced in Congress
by Bruce Buchanan

On June 14, 2011, Rep. Lamar Smith (R-TX) introduced The Legal Workforce Act, which would replace E-Verify and create a new employment verification system, the Employment Eligibility Verification System (EEVS), mandating compliance within two years.

June 29, 2011 - DOJ Files Lawsuit Alleging Immigration-Related Discrimination by Farmland Foods
by Bruce Buchanan

The Justice Department has filed a lawsuit before the Office of the Chief Administrative Hearing Officer (OCAHO) against Farmland Foods Inc., a major producer of pork products in the United States, alleging that it engaged in a pattern or practice of discrimination by imposing unnecessary documentary requirements on non-U.S. citizens when establishing their authority to work in the United States.

June 28, 2011 - DOJ Settles Allegations of Immigration-Related Discrimination against AAP and Canvas Corporation
by Bruce Buchanan

The Justice Department reached a settlement agreement with the American Academy of Pediatrics (AAP), an organization of 60,000 pediatricians based in Elk Grove Village, Ill., and Canvas Corporation, a vending company based in Woodbury, N.Y., that contracts with various concessionaires at stadiums around the United States.

June 27, 2011 - South Carolina and North Carolina Amend their E-Verify Laws
by Bruce Buchanan

South Carolina and North Carolina have amended their E-Verify laws to cover more employers and be more stringent. The new South Carolina law requires all employers in South Carolina to use E-Verify. A private employer who knowingly or intentionally employs an unauthorized alien violates the private employer’s licenses.

June 22, 2011 - One of Largest Steel Foundries being Audited by ICE
by Bruce Buchanan

Pacific Steel Casting Company is being audited by the Immigration and Customs Enforcement (ICE). The audit seeks to verify the employment eligibility of employees through the inspection of
I-9s.

June 17, 2011 - ICE Comes Calling to Another 1000 Companies with Notices of Inspection
by Bruce Buchanan

On June 15, 2011, Immigration and Customs Enforcement (ICE) serve another 1,000 Notices of Inspection on employers. Thus, since October 1, 2010, ICE has begun audits of over 2,300 companies. Some of the companies served are participants in E-Verify.

June 17, 2011 - E-Verify and Drivers Licenses’ Data
by Bruce Buchanan

As previously mentioned, USCIS has launched Records and Information from DMVs for E-Verify (RIDE), a new feature which allows USCIS’s E-Verify program to validate the authenticity of driver’s licenses used by employees as Form I-9 identity documents. The first state to participate is Mississippi..

June 9, 2011 - Governor Signs Tennessee Lawful Employment Act
by Bruce Buchanan

Governor Bill Haslam has signed the “Tennessee Lawful Employment Act”, which is a non-mandatory state E-Verify law. Under the new law, an employer is not required to enroll in E-Verify. Instead, an employer may accept, copy and maintain a state-issued driver’s license or identification, unexpired U.S. passport, permanent resident card, work authorization, birth certificate, certificate of naturalization, or a few other forms of identification.

June 9, 2011 - USCIS Adding Drivers Licenses’ Data to E-Verify
by Bruce Buchanan

The USCIS is adding driver's license data from the State of Mississippi. The agency is using Mississippi as a test to determine whether using that data can help E-Verify better identify people working illegally in the U.S.

June 7, 2011 - ICE to Start Another Major Round of
I-9 Audits
by Bruce Buchanan

Immigration and Customs Enforcement (ICE) is going to serve another major round of Notices of Inspection on employers, according to a Department of Homeland Security official. It is expected to be massive but not as large as the 1,000 Notices of Inspection served earlier this year.

June 7, 2011 - Alabama Legislature Passes Mandatory E-Verify
by Bruce Buchanan

The Alabama Legislature passed a law that will require the use of E-Verify by all businesses in the state. Governor Robert Bentley is expected to sign the bill into law. The bill requires all businesses, public and private, to begin using E-Verify, effective April 1, 2012.

May 26, 2011 - Tennessee Legislature Passes “Non-Mandatory” E-Verify Law
by Bruce Buchanan

The Tennessee Legislature passed a state law, which initially would have required all employers in Tennessee to utilize E-Verify1 for all new hires. However, the “Tennessee Lawful Employment Act” was amended, on the last day of the legislative session, to allow employers to accept and maintain a copy of a state-issued driver’s license or identification, unexpired U.S. passport, permanent resident card, work authorization, birth certificate, certificate of naturalization, or a few other forms of identification in lieu of enrolling in E-Verify and verifying the work authorization status of each new hire.

May 19, 2011 - Indiana Adds E-Verify
by Bruce Buchanan

Indiana has a new E-Verify immigration statute, which is effective July 1, 2011. According to the new law, contractors who enter into contracts with state and local governments in Indiana, as well as Indiana state and local governments, must use E-Verify for all new hires.

May 16, 2011 - Georgia Expands E-Verify Requirements
by Bruce Buchanan

Georgia is expanding the required use of E-Verify to more than just the state agencies and contractors who contract with the State of Georgia. Effective January 1, 2012, Georgia employers, with 500 or more employees, will be required to use E-Verify to check the employment authorization of newly-hired employees.

May 3, 2011 - Wendy’s Franchise Settles Immigration Discrimination Case
by Bruce Buchanan

The Justice Department announced it has reached a settlement agreement with Restwend LLC, the corporate owner of several Wendy’s restaurants in Maine, to resolve allegations that one of its restaurants engaged in employment discrimination by refusing to hire individuals believed to be non-U. S. citizens.

April 19, 2011 - OSC Settles Citizenship Status Discrimination
by Bruce Buchanan

In March 2011, Office of Special Counsel and the Equal Employment Opportunity Commission (EEOC) settled a claim against American Education and Travel Services, Inc. (AETS), of Antioch, California, resolving citizenship and national origin claims.

April 14, 2011 - Company Violates Law by Using I-9s as Screening Tool for Job Applicants
by Bruce Buchanan

The Justice Department announced it has reached a settlement agreement with LF Staffing Services Inc. of Cedar Rapids, Iowa. The DOJ found LF Staffing Services did not permit job applicants to begin the application process unless they were able to present documents sufficient to establish their employment eligibility and further failed to permit at least one individual who presented valid Employment Authorization Documents to apply for employment.

April 13, 2011 - Social Security No-Match Letters Are Back!!
by Bruce Buchanan

No-match letters are back. After several years without them, the Social Security Administration (SSA), effective April 6, 2011, started sending “no-match” letters advising employers their workers are using a Social Security number that does not coincide with SSA’s records for tax year 2010.

March 25, 2011 - H-1B Visa Holder Fails to Establish National Origin Discrimination
by Mo Syed

The Court of Appeals for the 8th Circuit held, in Liu v. BASF Corp. (2011), a scientist, who was on an H-1B visa, failed to prove national origin discrimination in his employer’s termination of him.

March 24, 2011 - Manager Sentenced to 12 Months for Employing Illegal Aliens
by Bruce Buchanan

A manager of a Chinese restaurant in Poplar Bluff, Missouri was sentenced to a year in prison for transporting, harboring and hiring illegal aliens to work at the Chinese restaurant she managed.

March 21, 2011 - New Tennessee Driver's License
by J. Marcel Hernandez

No, this is not a campaign designed to ensure Tennesseans start using turn signals, but rather a campaign to cut back on driver’s license counterfeiting. As an employer, you need to be aware of the new license design in 2011 for purposes of completing Form I-9 (a Tennessee Driver’s License is a frequently used and acceptable List B Document).

March 17, 2011 - E-Verify Users Beware
by Bruce Buchanan

The USCIS has a monitoring and compliance staff, who review E-Verify transactional data to look for potential abuse or fraud. In particular, these USCIS employees look for cases where companies are routinely submitting employees to E-Verify significantly beyond the three days from their hire date.

March 17, 2011 - ICE Continues to Educate
by Bruce Buchanan

Immigration and Customs Enforcement (ICE) is continuing its educational campaign at the same time that it is ratcheting up its enforcement efforts. One of ICE's themes in their talks at conferences is to warn employers that many errors in I-9s will not be forgiven by ICE if not corrected before an ICE audit.

March 17, 2011 - Another ICE Audit, More Terminations
by Bruce Buchanan

A major janitorial company, Harvard Maintenance, has discharged approximately 240 employees, or about 2/3 of its workforce, as a result of an ICE audit.

March 17, 2011 - Launch of E-Verify Self-Check Limited
by Bruce Buchanan

The USCIS is starting E-Verify Self-Check as of March 21, 2011, instead of March 18, and is limiting it to individuals located in five states. Those five states are Arizona, Colorado, Mississippi and Virginia, plus the District of Columbia.

March 10, 2011 - Owner Sentenced to 10 Months in Prison for Employment of Undocumented Workers
by Bruce Buchanan

The owner of Browwood Furniture in California was sentenced to 10 months in prison and a $15,000 fine for employing 18 undocumented workers.

March 10, 2011 - Texas Bakery Fires 200 Employees After ICE Audit
by Bruce Buchanan

Lone Star Bakery of China Grove, Texas discharged 200 of its 500 employees as a result of an ICE audit. In 2010, ICE audited the company and notified the company in February 2011 that approximately 200 employees had not provided proper work authorization documents.

March 10, 2011 - DOJ Settles Citizenship Discrimination Charge Against California Employer
by Bruce Buchanan

The Department of Justice announced American Education and Travel Services, Inc. (AETS) in Antioch, California, has agreed to pay $10,000 in back pay to a lawful permanent resident who was denied a residential counselor position because he was not a U.S. citizen or native English speaker.

March 10, 2011 - E-Verify Authorization Rates Increase
by Bruce Buchanan

In fiscal year 2010, E-Verify issued 98.3% confirmations of employee's work authorization status within 24-hours of submission. This is an increase from 97.4%.

March 10, 2011 - USCIS Proposes Advance H-1B Electronic Registration for Employers
by Bruce Buchanan

The USCIS has published a proposed rule to establish an advance registration process for U.S. employers seeking to file H-1B petitions for foreign workers in specialty occupations.

March 7, 2011 - Howard Industries Fined $2.5 Million for Criminal Immigration Violations
by Bruce Buchanan

Howard Industries Inc. pled guilty to violating federal immigration laws and agreed to pay a $2.5 million fine, three years after Immigration and Customs Enforcement raided the Laurel, Mississippi employer and detained 592 workers for undocumented status.

February 23, 2011 - Local Graduate is Appointed to Board of Immigrations Appeal
by Bruce Buchanan

Attorney General Eric Holder has appointed Michael J. Creppy to the Board of Immigration Appeals (BIA), which is responsible for hearing appeals of decisions rendered by immigration judges in removal cases brought by the Department of Homeland Security. It is the highest administrative body for interpreting and applying federal immigration laws.

February 21, 2011 - ICE Starts 1,000 New I-9 Audits
by Bruce Buchanan

In mid-February 2011, Immigration and Customs Enforcement (ICE) began serving approximately 1,000 Notices of Inspection on employers throughout the United States.

February 21, 2011 - Advantages of Electronic I-9s
by Bruce Buchanan

Although employers have been authorized to retain I-9s in electronic format since October 2004, ICE did not issue any final regulations on the matter until 2010. In the new I-9 handbook issued by USCIS in January 2011, it includes a section on electronic completion and storage of I-9s.

February 21, 2011 - Another Fast Food Restaurant Receives ICE Fine
by Bruce Buchanan

A Subway restaurant franchise convinced an Administrative Law Judge (ALJ) to reduce its fine assessed by Immigration and Customs Enforcement (ICE) from $111,000 to $27,000 due to the small size of its workforce and the disproportionate nature of the fine, even though it committed massive I-9 violations.

February 18, 2011 - BIA Has Jurisdiction to Hear Motions to Reopen for Petitioners Abroad
by Max Nuyen

In a ruling that follows the reasoning of other appellate courts, the 6th Circuit Court of Appeals, in Pruidze v. Holder, overruled one of the Board of Immigration Appeal’s most longstanding rules of jurisdiction, the "departure bar."

February 18, 2011 - BIA Modifies Meaning of Date of Admission for Removal Purposes
by Max Nuyen

The Board of Immigration Appeals (BIA) rarely reverses itself though is reversed on many occasions by the circuit appellate courts. However, in Matter of Alyazji, the BIA conceded an issue that it considered in an earlier case was decided wrong.

February 14, 2011 - ICE's Advice
by Bruce Buchanan

As part of their "Culture of Compliance", Immigration and Customs Enforcement (ICE) is spending time at various seminars sponsored by bar associations and AILA (American Immigration Lawyers Association) providing their advice on I-9 compliance.

February 14, 2011 - More Advice from ICE
by Bruce Buchanan

At a recent meeting between Immigration and Customs Enforcement (ICE) and AILA (American Immigration Lawyers Association), ICE offered some advice as to how it views the "good faith" exception whereby employers must be given a period of at least 10 days to correct technical I-9 violations before any fine can be assessed.

February 14, 2011 - Don't Even Think About Fraud in Seeking H-1B
by Bruce Buchanan

As we wait for the next date to petition for a H-1B visa, which is April 1, 2011, for an individual in a specialty occupation, employers need to be cognizant of the potential for a site visit if a H-1B visa is granted.

February 14, 2011 - Photo Matching of Passports Increases Chances to Catch ID Theft
by Bruce Buchanan

By the USCIS adding US Passports to the E-Verify photo matching process, E-Verify has a better opportunity to catch those employees who have engaged in identify theft.

February 11, 2011 - I-9 Central
by Bruce Buchanan

USCIS announced it intends to launch a new website called "I-9 Central" in the spring of 2011. The purpose of the website is to provide clear guidance on how to complete the I-9, although it is unknown at this point if the intention is to go beyond the instruction in the Handbook for Employers.

February 11, 2011 - USCIS Provides Assistance on Submitting Passport Numbers into E-Verify
by Bruce Buchanan

The USCIS published new guidance concerning how to enter an employee's U.S. passport number into E-Verify when the system refuses to accept it.

February 8, 2011 - ICE Expands its Investigation of Chipotle
by Bruce Buchanan

Immigration and Customs Enforcement (ICE) has just served Chipotle with Notices of Inspection for approximately 60 restaurants in the greater Washington, D.C. area.

February 4, 2011 - Bakery Owner Pleads Guilty of Employing Illegal Aliens
by Bruce Buchanan

The owner of a New Haven, Connecticut bakery has pled guilty to employing an extended family of illegal aliens. Anthony DiBenedetto was charged after six members of a family of Ecuadoran immigrants complained to Immigration and Customs Enforcement (ICE) that he was underpaying them, harassing them, and threatening them with deportation if they complained.

February 4, 2011 - Chipotle Fires Hundreds After an Immigration Audit
by Bruce Buchanan

Chipotle Mexican Grill fired a substantial number of its 1,200 employees at its 50 Minnesota restaurants, after a federal ICE audit found many illegal workers. Chipotle did not disclose how many workers were fired but it is estimated it was between 350 and 700 employees.

January 25, 2011 - E-Verify's Accuracy Continues to Improve
by Bruce Buchanan

The accuracy of E-Verify continues to improve according to a new report by the Government Accountability Office (GAO). In fiscal year 2009, 97.4% of employees hired and submitted to E-Verify were immediately verified as authorized to work.

January 25, 2011 - ICE Opens Employment Compliance Inspection Center
by Bruce Buchanan

As Immigration and Customs Enforcement (ICE) continues to crack down on employers, it has decided to target some of the largest companies in the U.S. In order to do so, it opened the Employment Compliance Inspection Center (ECIC) in Crystal City, Virginia.

January 25, 2011 - ICE Raises Questions with Self-Audits
by Bruce Buchanan

As Immigration and Customs Enforcement (ICE) conducts more and more audits of I-9s, many companies are conducting self-audits of their I-9s. However, recently an ICE agent raised questions about problems with self-audits.

January 24, 2011 - New Law Makes it Easier to Adopt Older Siblings of Internationally Adopted Children
by Roxana Correa

The International Adoption Simplification Act (“the Act”), recently enacted by Congress, makes it easier for American families to internationally adopt the older siblings of younger adoptees.

January 21, 2011 - February Visa Bulletin
by J. Marcel Hernandez

The Department of State has issued its visa numbers for February 2011.

January 21, 2011 - TPS Only Temporarily Waives Grounds for Inadmissibility
by Max Nuyen

Congress created Temporary Protected Status (“TPS”) in order to allow persons whose home country is in a state of drought, famine, civil strife, or warfare, who otherwise would not qualify for asylum or refugee status, the chance to remain lawfully in the United States.

January 12, 2011 - Undocumented Worker’s Immigration Status not Permitted in Calculating Lost Wages
by Mo Syed

The Washington Supreme Court, in Salas v. Hi-Tech Erectors, 230 P.3d 583 (Wash. 2010), overturned a trial court’s decision that permitted an injured construction worker’s immigration status to be considered by a jury deciding his claims arising from injuries at a construction site.

January 11, 2011 - Companies Contracting with State of Florida Must Use E-Verify
by Bruce Buchanan

Add the State of Florida to the growing list of states which are mandating the use of E-Verify when working on a state contract or subcontract. On January 4, 2011, Florida Governor Rick Scott signed an Executive Order mandating state agencies' contracts include the use of E-Verify.

January 11, 2011 - Possible Hope for Limited Immigration Reform
by Bruce Buchanan

Although it appeared all hope was lost for any immigration reform in 2011 with the results of the 2010 elections, there is some hope. One of the strongest anti-immigration voices in Congress, Rep. Steve King of Iowa (who has introduced legislation to repeal Birthright Citizenship), was denied the chairmanship of the Immigration Subcommittee by his fellow Republicans.

January 10, 2011 - January Scenario
by Bruce Buchanan

Lily Jang Chow has a strong case against you. You should have let her choose which valid documents to present as proof of her identity and work authorization. A California driver’s license proves identity and an unrestricted Social Security card proves work authorization.

January 5, 2011 - 2011: Is Your Company Prepared?
by Bruce Buchanan

2010 and 2011 appear to have one thing in common – Immigration and Customs Enforcement (ICE) and the Department of Justice will continue the crackdown on the hiring of illegal immigrants through I-9 audits and on requiring too much documentation from permanent residents.

Janaury 5, 2011 - Tennessee Jailers Checking ID
by Bruce Buchanan

Tennessee jailers, effective January 1, must check every new inmate's legal status to determine whether he or she is not in the country illegally. There are two questions to ask: Where were you born? Are you here legally?

January 5, 2011 - DOJ Settles Two Cases of Immigration-Related Unfair Employment Practices
by Bruce Buchanan

The Justice Department announced it has reached settlement agreements with Collins Management Corporation, a forestry products company in Oregon, and Inc. at its Ashville, N.C., facility resolving they violated the anti-discrimination provisions of the Immigration and Nationality Act (INA).

December 23, 2010 - Southern Sudanese in Nashville Voting on Independence for Homelandby Bruce Buchanan

Between January 9 and 15, 2011, a referendum will be held on the independence of Southern Sudan, a predominantly Christian section of the country, away from the Muslim-dominated North. With 8,000 Sudanese living in the Middle Tennessee area and thousands of others living in neighboring states, Nashville was chosen as a polling site.

December 21, 2010 - DREAM Dies in the Senate by Bruce Buchanan

On December 18, 2010, the U.S. Senate refused to pass the DREAM Act. By a vote of
55 to 41, the Senate declined to invoke cloture (to stop debate and vote up or down on the DREAM Act), where 60 votes were needed.

December 21, 2010 - Former FBI Agent Guilty of Unlawfully Employing Aliens at Schlotzky's
by Bruce Buchanan

A former FBI agent, Ann Cox, was sentenced to two years probation and ordered to pay an $18,000 fine for the misdemeanor offense of unlawfully employing aliens. From at least August 1997 until December 2008, Cox operated a Schlotzky's Deli in Rockwall, Texas.

December 20, 2010 - Restaurant Manager Guilty of Hiring Undocumented Workers
by Bruce Buchanan

On December 13, 2010, a manager of several Dunkin' Donuts stores in the Portland, Maine area, pled guilty to one count of engaging in a pattern or practice of recruiting or hiring illegal aliens unauthorized to work in the United States, and one count of a false attestation in an I-9 form.

December 20, 2010 - Government Must Provide Immigrant’s A-File In Removal Proceedings
by Max Nuyen

Sometimes a case comes along with a decision so obvious and sensible that you wonder why the issue had not been decided the same way earlier. Dent v. Holder, decided by the Court of Appeals for the 9th Circuit, is such a case.

December 20, 2010 - Bill to Help Marine Widow to Become Law
by Bruce Buchanan

A private relief bill allowing the Japanese widow of a Tennessee Marine to live in the U.S. has passed Congress and is headed to the president for his signature. Since Hotaru Ferschke Jr.'s death in Iraq in 2008, his widow has been trying to immigrate to the United States to join her slain husband's family in Tennessee.

December 15, 2010 - Expected Priorities of 2011 Congress in Immigration Compliance
by Bruce Buchanan

Congressman Lamar Smith, the incoming chairman of the House Judiciary Committee, announced one of his priorities for the Committee will be to “promote worksite enforcement efforts that make sure scarce jobs go to legal workers.”

December 15, 2010 - H-1B Cap Grows Near
by Bruce Buchanan

As of December 14, 2010, approximately 52,400 H-1B cap-subject petitions were received by the USCIS with the cap set at 65,000. Approximately 10,000 H-1B petitions have been received in the past two months.

December 14, 2010 - Individual is not a Grandfathered Alien under Section 245(i)
by Bruce Buchanan

In Matter of Legaspi, 25 I&N Dec. 328 (2010), the Board of Immigration Appeals decided the spouse of an alien who is grandfathered for purposes of section 245(i) of the Immigration & Nationality Act (INA) cannot independently adjust his status under that section.

December 13, 2010 - 50 Immigrant Chipotle Workers Fired After ICE Audit
by Bruce Buchanan

Approximately 50 Hispanic workers at Chipotle restaurants in Minneapolis and St. Paul have been fired after Immigration and Customs Enforcement (ICE) conducted an audit of the I-9s of Chipotle employees.

December 9, 2010 - DREAM Act Passes House; Senate Vote Ahead
by Bruce Buchanan

On December 8, 2010, the House of Representatives passed the DREAM Act by a vote of 216-198. The Senate is scheduled to vote at 11:00 a.m. and 60 votes are needed to win (to stop a filibuster).

December 9, 2010 - Labor Department Obtains Consent Order to Recover $638,449 in Back Wages from Computer Consulting Company
by Bruce Buchanan

Following a consent order obtained by the Department of Labor, Peri Software Solutions has agreed to pay $638,449 in back wages and interest to 67 workers for violating the H-1B provisions of the Immigration and Nationality Act.

December 6, 2010 - Bakery Owner Pleads Guilty to Hiring Illegal Immigrants
by Bruce Buchanan

A San Diego area business owner pled guilty to knowingly hiring illegal immigrants in an elaborate scheme to conceal the practice from government authorities. He was sentenced to five years of probation and forfeited $800,000.

December 6, 2010 - Failure to Maintain Status Sinks Claim for Adjustment of Status
by Bruce Buchanan

In Bokhari v. Holder (5th Cir. 2010), the appellate court upheld a decision of the Board of Immigration Appeals and an Immigration Judge ("IJ") that Syed Talha Bokhari, a native and citizen of Pakistan, was ineligible for adjustment of status, because he had failed to maintain lawful status in this country for more than 180 days.

December 6, 2010 - Employers Required to Certify Compliance with Deemed Export Rules on Non-Immigrant Visa Petition
by Bruce Buchanan

U.S. Citizenship and Immigration Services (USCIS) has revised the Form I-129 to include a “Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States.”

November 23, 2010 - Court Strikes Down Discriminatory Law against Non-Immigrant Aliens
by Max Nuyen

In Adusumelli v. Steiner (S.D. N.Y., 2010), the court found a New York law, which precludes aliens who are not lawful permanent residents from being licensed as pharmacists, was not only unconstitutional, but also was preempted by the federal governments absolute authority
to regulate immigration related matters.

November 23, 2010 - Employer Not Liable for Transportation Expenses of H-2B Workers
by Max Nuyen

In Castellanos-Contreras v. Decatur Hotels (5th Cir. 2010), the court decided a hotel was not responsible for the transportation expenses to the United States nor the fees for H-2B visas.

November 18, 2010 - DOJ Settles Allegations of Immigration-Related Employment Discrimination Against Hoover Inc.
by Bruce Buchanan

The Justice Department has reached a settlement agreement with Hoover Inc. to resolve allegations that Hoover engaged in a pattern or practice of employment discrimination by imposing unnecessary and discriminatory hurdles in the I-9 process upon lawful permanent residents.

November 18, 2010 - Another King & Ballow Client Becomes a Citizen
by J. Marcel Hernandez

Mr. Garcete, a native of Paraguay, became a U.S. Citizen today with the assistance of King & Ballow. In the past year, we have assisted numerous individuals in becoming citizens.

November 12, 2010 - How Did the 2010 Elections Impact Immigration Law?
by Bruce Buchanan

Now that the 2010 elections are over (thank goodness for no more ads), it is time to evaluate its impact on immigration law. With the Republicans in charge of the House of Representatives and the mood of the country turning anti-immigrant, the chances of recently
discussed immigration reform are gone.

November 12, 2010 - E-Verify Improves – Adds U.S. Passport Photo Matching
by Bruce Buchanan

The Department of Homeland Security announced the expansion of the E-Verify program's capabilities to include U.S. passport photo matching. This improves and enhances E-Verify by enabling it to automatically check the validity and authenticity of all U.S. passports and passport cards presented for employment verification checks.

November 2, 2010 - Furniture Company Executives Face Criminal Charges
by Bruce Buchanan

The president of Brownwood Furniture, a California furniture manufacturing business, was charged with obstruction of justice and one misdemeanor count of continuing to employ unauthorized workers stemming from a probe by the U.S. Immigration and Customs Enforcement (ICE) into allegations the company hired unauthorized alien workers.

October 26, 2010 - Permanent Resident Deported after Making False Statements
by Roxana Correa

A permanent resident was ordered deported because he made false statements under oath. In Toribio-Chavez v. Holder (2010), the U.S. Court of Appeals for the 1st Circuit upheld a lower court’s ruling that Crispin Toribio-Chavez was deportable because he made false statements about the existence of a previous marriage, where he had children, to immigration officers.

October 22, 2010 - DOJ Settles Immigration Discrimination Against Hospital for $257,000
by Bruce Buchanan

The Department of Justice (DOJ) reached a settlement agreement with Catholic Healthcare West (CHW) to resolve allegations that CHW engaged in a pattern or practice of citizenship status discrimination.

October 20, 2010 - H-1B Petitions Getting Nearer to Caps
by Bruce Buchanan

As of October 15, 2010, approximately 42,800 H-1B cap-subject petitions were received by the USCIS. Additionally, the USCIS has receipted 15,700 H-1B petitions for aliens with advanced degrees. The caps are 65,000 and 20,000, respectively.

October 14, 2010 - Dramatic Increases in Worksite Enforcement by ICE
by Bruce Buchanan

Department of Homeland Security announced, in fiscal year ending September 30, 2010, U.S. Immigration and Customs Enforcement (ICE) enforcement numbers increased 500% in penalties from worksite enforcement actions, a 200% increase in I-9 audits (2,200), a record-breaking 180 criminal prosecutions of employers and the debarring of more than 97 businesses.

October 14, 2010 - ICE Continues to Deport in Record Numbers
by Bruce Buchanan

Although the political rhetoric might point otherwise, Immigration and Customs Enforcement removed/deported almost 400,000 illegal immigrants in fiscal year ending September 30, 2010.