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ICE serves 180 audit notices to businesses in 5 states Employment records will be screened for compliance with federal law.
Posted by: Gina Giambalvo
March 04, 2010

U.S. Immigration and Customs Enforcement (ICE) is issuing Notices of Inspection (NOIs) to 180 businesses in Louisiana, Mississippi, Alabama, Arkansas and Tennessee. The notices alert business owners that ICE will be inspecting their hiring records to determine whether or not they are complying with employment eligibility verification laws and regulations.

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Verification System Failing to Catch Illegal Immigrants.
Posted by: Gina Giambalvo
February 26, 2010

There is more business immigration law in the news about the E-Verify Program (see below). For some U.S. employers the program is mandatory. For others it is still optional.

WallStreet Journal Article: Verification System Failing to Catch Illegal Immigrants.

Feel free to contact Nachman & Associates, P.C. and the VISASERVE Team at info@visaserve.com for more information about the E-Verify Program.

We can also be reached at 201-670-0006 (x100).

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USCIS to Offer Free E-Verify Informational Seminars for Federal Contractors
Posted by: Gina Giambalvo
February 24, 2010

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) invites federal contractors and subcontractors affected by the Federal Acquisition Regulation (FAR) E-Verify clause to attend a free E-Verify informational seminar on Feb. 23 or 24 at 2451 Crystal Drive, Arlington, Va.

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BEWARE STRANGERS BEARING GIFTS FOR THE THANKSGIVING HOLIDAY.
Posted by: Gina Giambalvo
November 19, 2009

 U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton today announced the issuance of Notices of Inspection (NOIs) to 1,000 employers across the country associated with critical infrastructure—alerting business owners that ICE will audit their hiring records to determine compliance with employment eligibility verification laws.

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Statement of US Secretary of Labor Hilda L. Solis on this week?s immigration enforcement and workers rights report
Posted by: Gina Giambalvo
November 09, 2009

WASHINGTON— U.S. Secretary of Labor Hilda L. Solis today issued the following statement regarding the AFL-CIO and American Rights at Work report “ICED OUT: How Immigration Enforcement Has Interfered with Workers”Rights.”

"The Department of Labor is firmly committed to protecting the rights of all workers, and especially the rights of the most vulnerable workers in our economy.

"The violation of any one worker's rights is cause for concern to all American workers. When unscrupulous employers abuse vulnerable workers, honest employers and their workers suffer.

"I am proud that, as of Oct. 13, the Labor Department has hired 224 new wage and hour investigators to seek out employers in violation of the law wherever they may be. These investigators are working hard every single day to ensure that every worker is paid at least the minimum wage, that those who work overtime are properly compensated, that child labor laws are strictly enforced and that every worker is provided a safe and healthful environment.

 "Wage and hour laws apply to every single worker in this country, regardless of immigration status. My department is working tirelessly to protect all workers' rights."

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$1.5M settlement in NC immigration case
Posted by: Gina Giambalvo
November 09, 2009

According to Greenville News, Nov. 4, 2009, "A Greenville poultry plant raided by immigration agents last year has agreed to change its employment practices to avoid federal charges of knowingly hiring undocumented workers, U.S. Attorney Walt Wilkins said Tuesday. Under the agreement filed in U.S. District Court in Greenville, Columbia Farms Inc. also will pay the government $1.5 million to settle all criminal, civil or administrative claims that are pending or could be brought against the company as a result of a federal investigation."

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District Court Upholds Mandatory E-Verify Rule for Federal Contractors and Attorneys Seek Emergency Injunction on Federal Contractor E-Verify Rule.
Posted by: Gina Giambalvo
September 08, 2009

This is a reminder for federal contractors and subcontractors that effective September 8th, 2009, they will be required to use the E-Verify system to verify their employees' eligibility to work in the United States if their contract includes a Federal Acquisition Regulation ("FAR") E-Verify Clause. In July, the U.S. Department of Homeland Security ("DHS") Secretary Janet Napolitano strengthened employment eligibility verification by announcing the Administration's support for the regulation that will award federal contracts only to employers who use E-Verify to verify employee work authorization.

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Krispy Kreme fined after I-9 audit
Posted by: Gina Giambalvo
July 16, 2009

ICE conducted an I-9 inspection of Krispy Kreme after receiving information from the Butler County Sheriff's Office which revealed the company had employed dozens of illegal aliens at one of their doughnut factories in Cincinnati.  U.S. Immigration and Customs Enforcement (ICE) and the Butler County Sheriff's Office announced today a $40,000 fine settlement reached with the Krispy Kreme Doughnut Corporation for violations of immigration laws.

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Immigration and Customs Enforcement ("ICE") July 1st, 2009 audit letters to 652 businesses throughout the U.S. continue to plague employers.
Posted by: Gina Giambalvo
July 14, 2009

Considering the employment verification enforcement environment we currently find ourselves in, it would be beneficial for employers to perform an internal Form I-9 audit or have a member of our highly-trained staff perform an external audit and certification.  Immigration and Customs Enforcement (”ICE”) announced on July 1st, 2009 that it will send audit letters to 652 businesses throughout the U.S. to determine whether they are complying with employment verification laws and regulations.

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Secretary Napolitano Strengthens Employment Verification with Administration
Posted by: Gina Giambalvo
July 09, 2009

Department of Homeland Security (DHS) Secretary Janet Napolitano has strengthened employment eligibility verification by announcing the Administration’s support for a regulation that will award federal contracts only to employers who use E-Verify to check employee work authorization. The declaration came as Secretary Napolitano announced the Department's intention to rescind the Social Security No-Match Rule, which has never been implemented and has been blocked by court order, in favor of the more modern and effective E-Verify system.

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Economic Downturn: Immigration Issues for Layoffs, Terminations, Mergers, Acquisitions, Restructurings and How These Impact Foreign National Workers.
Posted by: Gina Giambalvo
February 05, 2009

As our economy continues in its downward spiral, company mergers, acquisitions and restructurings (“transactions”) are likely to continue. In general, since a merger, acquisition or restructuring is a “corporate transaction”, the immigration issues often get left in the dust. For this reason, it is important that immigration repercussions that arise from a merger, acquisition or restructuring are considered and that Business Immigration Counsel is brought into the “deal” or arrangement at the appropriate time – earlier rather then later. This is especially the case since Business Immigration Counsel may be able to save money for the parties to the transaction.

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IMMIGRATION-RELATED AUDITS: What Employers Need to Know.
Posted by: Gina Giambalvo
February 05, 2009

There are three potential “hot spots” for audits and investigations for the government related to the immigration and nationality laws. The first has to do with the documentation that the employer is required to maintain in connection with the H-1B nonimmigrant professional and specialty and occupation worker visa. The second area of potential audit concerns the employer’s obligations under the Immigration Reform and Control Act of 1986 (“IRCA”) [Pub. L. No. 99-603, 100 Stat. 3359] (known to HR Professionals as the “I-9 Process”). The third, and one more recent, area of audit surrounds the new Labor Certification Application Program called “Permanent Electronic Review Management” (“PERM”). Each of the foregoing government programs anticipates compliance through “audit”. Even a rudimentary understanding of the complex documentary requirements for each of these programs can help and employer to avoid potential liability. 

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USCIS Delays Rule Changing List of Documents Acceptable to Verify Employment Eligibility
Posted by: Gina Giambalvo
February 02, 2009

U.S. Citizenship and Immigration Services (USCIS) announced Friday that it has delayed the implementation of an interim final rule entitled "Documents acceptable for Employment Eligibility Verification" published in the Federal Register on December 17, 2008 by 60 days, until Aptil 3, 2009.  The rule streamlines the Employment Eligibility Verification (Form I-9) process and was originally set to take effect today, February 2, 2009.

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How to Win the War When Working With Wal-Mart: One law firm's story of complying with the "roll-back" king's employer compliance program.
Posted by: Gina Giambalvo
January 29, 2009

        Americans across the country are familiar with Wal-Mart for their “roll-back” prices and friendly service.  What most people don’t know is that, after their immigration  scandals in 2001 and 2003, Wal-Mart has lead the country in enforcing employer compliance with requirements of the Immigration Reform and Control Act of 1986 (“IRCA”).  Since paying a record-setting $11 million to the United States Department of Homeland Security, Immigration and Customs Enforcement Division (“ICE”), Wal-Mart has become the reluctant leader in employer compliance programs.  As anyone trying to sign a contract with Wal-Mart will tell you, it’s no walk in the park to meet their strict demands, but it is the way of the future for employment verification procedures.      

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New E-Verify Rules For Federal Contractors
Posted by: Gina Giambalvo
January 09, 2009

A final rule published late last year in the Federal Register amends the Federal Acquisition Regulation (FAR) to require certain federal contractors and sub-contractors to use the E-Verify system. All federal solicitations issued and contracts awarded after January 15, 2009 will include a clause related to the new rule.  

 This means big changes to all Federal Contractors who are not already enrolled in CIS' E-Verify Program.

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