Tag Archives: Immigration and Customs Enforcement

ICE Announces Three-Prong Workplace Enforcement Strategy

ICE
On January 10, 2018, U.S. Immigration and Customs Enforcement (ICE) released a statement detailing a new, comprehensive worksite enforcement strategy that incorporates: (i) increased Form I-9 audits; (ii) more unannounced worksite raids; and (iii) promotion of an undersubscribed, voluntary compliance program created in 2006 known as IMAGE [ICE Mutual Agreement and Employers program].  The ICE statement … Continue reading this entry

Buyer Beware: I-9 Compliance in Mergers and Acquisitions

Mergers
With a new tax law and a booming American economy, mergers and acquisitions will occur at a busy pace in 2018.  In a prior post, we explained some of the employment authorization issues that may arise in such corporate transactions.  Here, we discuss another important issue that arises in mergers and acquisitions:  Form I-9 compliance.  … Continue reading this entry

DHS To Issue New I-9 Form After Recently Increasing Penalties For I-9 Violations

Just when employers were becoming more comfortable with the complex and lengthy Form I-9, Employment Eligibility Verification that was issued in 2013, the federal government has decided to turn up the heat. First, the Department of Homeland Security (DHS) and the U.S. Department of Justice recently increased the penalties for I-9 violations. Second, DHS has announced that … Continue reading this entry

DHS Extends Time Period for STEM OPT Employment Authorization

As of May 2016, the Department of Homeland Security (DHS) has expanded the time period during which a foreign student with a degree from a U.S. university in a science, technology, engineering, or mathematics (STEM) field may work as a trainee. American companies sometimes struggle to fill specialty jobs requiring STEM degrees, and foreign students … Continue reading this entry

High Fines Continue to Provide “Additional Motivation” for I-9 Compliance

Although Immigration and Customs Enforcement (ICE) has recently eased off of its record pace for commencing new I-9 inspections, employers can take no comfort. ICE continues to use these inspections as a key enforcement tool to build a “culture of compliance” among employers, as shown by a recent decision issued by an administrative law judge (ALJ) … Continue reading this entry

Avoiding Fines by Starting the I-9 Process Early. Just Not Too Early…

Employer
As we have noted in prior posts, Immigration and Customs Enforcement (“ICE”) has been aggressively pursuing I-9 inspections and imposing record fines (about $12.5 million per year) as part of its multi-year strategic plan. Employers should not turn a blind eye to this uptick in enforcement activity and would be wise to fight back by … Continue reading this entry