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Immigration Compliance Group focuses its practice on corporate employment verification compliance (audits, training, consulting and policy development) and US and Canadian inbound business immigration. Our team has a depth of experience in providing uniquely tailored services and solutions to assist our clients in accomplishing their immigration related objectives.
As always, we welcome your feedback. If you are interested in becoming a client of our office please call our office at 562.612.3996. Check out our Employer Resource Center and our compliance services and solutions, and sign up to receive our newsletters and blog posts. For those of you who participate in LinkedIn, check out our I-9/E-Verify: Smart Solutions for Employers group.
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On Sept. 16, 2012, E-Verify provided several enhancements to improve your experience with the program. We particularly like these new features
The OSC announced an agreement with a janitorial and facilities management company in Florida that was fined for mishandling the TNC process with the employee. The employer was fined $8800 (back pay and civil penalties) and had to agree to training by the Justice Department on the anti-discrimination provision and training by the Department of Homeland Security on proper E-Verify procedures. For details refer here
USCIS Spanish Handbook for Employers (M-274) which includes instructions on how to complete, and retain Form I-9, provides lists of acceptable employment authorization and identity documents, and gives specific guidance for recruiters.
Recruiters beware. The Internet is much more sophisticated than a virtual corkboard. Keywords and phrases in your job listings can be tracked and monitored by government software, then stored in databases. Recently, the Civil Rights Division of the Office of Special Counsel (OSC) released a Best Practices notice for online job posting.
5) Reverse Discrimination in Hiring Practices: Howard Industries
The term reverse discrimination may sound complicated, but it boils down to a type of discrimination wherein the victims of discrimination are members of a majority or historically "advantaged" group. Here's a very expensive and reputation damaging example...
It was reported in August 2012 that Mississippi-based Howard Industries was the target of the largest U.S. workplace raid on illegal immigrants and had settled a discrimination lawsuit by four black women who claimed the company gave preferential treatment to Latinos. A tentative settlement was announced in February. Details were released in court documents filed August 20, 2012.
U.S. District Court records show Howard Industries will pay $1.3 million into a settlement fund to be paid to possibly as many as 5,000 non-Hispanic individuals who applied for jobs at the company between March 2003 and Aug. 28, 2008. Also, within nine months after the settlement, the company will hire at least 70 of the individuals who had applied for jobs. Immigration agents detained nearly 600 illegal immigrants in the 2008 raid. Howard agreed to $2.5M fine and a year of probation. See our previous blog post.
6) USCIS Releases a 2nd 'Proposed' I-9 Form with another Round of Public Comment
Here's the Proposed I-9 form.
Although the instructions are now 6 pages and the List of Documents contain greater clarity regarding social security cards, the proposed 2-page form, no doubt, will take much longer to process.
There are new fields for the employee and a separate and enumerated employer attestation. The form also refers employers to the Employer Review and Verification section of the form’s instructions for additional information regarding acceptable receipts.
The proposed form is not yet effective, and employers should continue to use the current Form I-9, with a revision date of Aug. 7, 2009, expiring on Aug. 31, 2012.
Without any advance notice, the CBP has made changes that affect the I-9 form by no longer issuing paper I-94 cards and no longer stamping I-20 forms for F and M student visas, or form DS-2019 Certificate of Eligibility for Exchange Visitors and Foreign Students, affecting both J and F visa holders. For more click here
This employer really crossed the line in continuing to employ unauthorized workers AFTER an ICE audit of their I-9 records commenced, and failed to produce I-9 records for them on 3 previous occasions while transferring them to other jobsite locations. For more: click here
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OTHER NEWS OF INTEREST -------------------------
Is it time for a National Talent Strategy in the USA?
Congress keeps getting close to addressing this problem, but so far has failed to act. Indeed, despite bipartisan interest in the issue, last week the House of Representatives failed to pass legislation that would have made 55,000 green cards available annually to foreign-born graduates who earn advanced degrees in STEM from a U.S. university.
For more on this click here
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Naturalized citizens are often eager to participate in the American electoral process. Casting a vote as an American is a symbolic break from their former government and represents a step further towards assimilation into American society.
Many Americans choose not to exercise their voting rights; in fact just over half of this country turns out to vote during presidential election years and a pathetic one-third of the country during mid-term elections. For more: click here
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Should you wish to know more about our services or become a client of our office, please contact us at info@immigrationcompliancegroup.com, or call 562 612.3996.
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Disclaimer/Reminder: This newsletter does not constitute direct legal advice and is for informational purposes only.The information provided should never replace informed counsel when specific immigration-related guidance is needed.Copyright© 2011 Immigration Compliance Group.
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