Monday, May 18, 2015

How to De-ICE Your Business

by Bruce E. Buchanan, Esq.

The importance of immigration compliance continues to grow as more and more companies realize the negative consequences of violating the Immigration Reform and Control Act (IRCA). In this article, we will explore how to avoid these negative consequences.

For FY 2014, over 3,100 employers were served with Notices of Inspections (NOIs). Of these NOIs, many of them ended with an assessment of a penalty/fine based upon the numerous substantive violations cited by ICE. Since the percentage of alleged violations is often 50% or more, the penalty would be $935 per violation plus or minus any aggravating/mitigating factors.

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Tuesday, June 4, 2013

What’s New in Employer Compliance in Immigration Law?

by Bruce E. Buchanan, Esq.

So much is happening in the world of immigration law that it's hard to determine what to discuss first. The major topics for employers are the new Form I-9, the probable passage of Comprehensive Immigration Reform, called "Border Security, Economic Opportunity and Immigration Modernization Act" (the Act), and the continued aggressive approach by Immigration and Customs Enforcement (ICE) and Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) toward employers who violate the Immigration Reform and Control Act (IRCA).

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Thursday, March 28, 2013

I-9 Audits and Related Arrests Continue to Rise

by Andrew M. Wilson, Esq.

An interesting article by Manuel Valdes, Associated Press, references startling statistics on the huge increase in I-9 audits and related arrests. The article reads:

"Audits of employer I-9 forms increased from 250 in fiscal year 2007 to more than 3,000 in 2012. From fiscal years 2009 to 2012, the total amount of fines grew to nearly $13 million from $1 million. The number of company managers arrested has increased to 238, according to data provided by ICE."

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Friday, March 15, 2013

E-Verify and Immigration Reform: What's Next from Capitol Hill?

by Katy Chase, Esq.

For employers that have been watching the E-Verify program from the sidelines, the time is ripe to jump into the game, or at least break out the binoculars for a closer look. While the controversial employment verification system remains voluntary for most employers—except those with federal contracts and those doing business in certain states and municipalities—participation could soon become mandatory for all employers nationwide.

Now is the time to consider how your company would be impacted by this major shift of having to run all of the information in the I-9 forms that are completed for new hires through federal databases.

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Monday, February 18, 2013

How Employers Can Gear Up for Fiscal Year H-1B Visas and Business Immigration Reform This Spring

by Laura J. Mazel, Esq.

With the uptick in hiring nationally, sources indicate that fiscal year (FY) H-1B visas may run out in the first day(s) after April 1, which is the earliest date employers may file each year to secure H-1B visa positions with October 1 start dates.

Last year, FY H-1B visas ran out in only 11 weeks. 

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Thursday, February 23, 2012

Tennessee Lawful Employment Act: What It Means

by Bruce Buchanan, Esq.

The Tennessee Lawful Employment Act became effective on January 1, 2012 for employers with 500 or more employees and governmental entities. Under the new laws, employers may enroll and use E-Verify for newly-hired employees, or it 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 from newly-hired employees.

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