Trump Administration Executive Orders on Immigration and Workforce Strategy

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E-Verify, Executive Order, H-1B, I-9, Immigration Compliance, Immigration Reform, Travel, Trump

As of this writing, the Trump Administration has issued and is expected to continue to issue Executive Orders (EO) relating to immigration including visa issuance, screening procedures, E-Verify, higher H-1B wages and refugees.

The intent of these EO is to protect our nation but they are also having the effect of creating confusion, anxiety and delays for foreign nationals and their employers.

Will Your Immigration Case Be Impacted by the New Rule that Went into Effect on Jan. 17th?

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Immigrant Visas, Non-Immigrant Visas

The Department of Homeland Security (DHS) rule “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers” took effect on January 17, 2017. The rule amends regulations related to certain employment-based immigrant and nonimmigrant visa programs, so you may be wondering if you will be impacted.

If your case is adjudicated after January 17th, 2017, it will be subject to the new rule.

Arizona Company Fined $347,500 for 380 Paperwork I-9 Violations

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I-9, ICE, Immigration Compliance, Notice of Inspection, OCAHO

In USA v. Frimmel Management, OCAHO ordered the employer to pay $347,500 in penalties for 380 paperwork I-9 violations.

ICE served this employer with a Notice of Inspection requesting the original Forms I-9 “for all current employees and all former” employees, copies of any identity and employment authorization documents attached to the employees’ Forms I-9, a list of all employees receiving wages, and other related employee and business records.

Latest Updates on the New Form I-9

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Human Resources, I-9, Legal Updates

Don’t forget to start using the new Form I-9 for all new employees and any Section 3 reverifications starting on January 22, 2017.

Here are the most important recent updates about the form:

Preparing for the Reengineering of U.S. Immigration under the Trump Administration

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Trump

The 2016 presidential election results will have a significant impact in the direction of various employer-related matters, such as health plans, taxes, paid leave, and immigration policy.

It remains to be seen whether a Trump administration will actively pursue many of the immigration campaign promises.  Any significant undertakings, such as building a physical wall on the southern border, conducting extreme vetting of certain foreigners, or deporting 11 million undocumented people, will require time, debates and compromises.

Employer Fines of $75,600 Relating to I-9 Violations Upheld

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Audit, I-9, ICE, Immigration Compliance, OCAHO

In Buffalo Transportation, Inc. v. USA, the 2^nd U.S. Cir. Court of Appeals upheld $75,600 in civil penalties assessed by the Office of Chief Administrative Hearing Officer (OCAHO) in an I-9 case.

ICE audited the I-9 forms of this employer and found 138 substantive I-9 violations.  The main violations related to failing to properly prepare or present Forms I-9 or failing to complete the I-9s timely (within three days of hiring). ICE levied fines of $935 for each violation. 

Employers: An Expired Employment Authorization Document Might Become a Commonly Accepted List A Document for Form I-9

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I-9

USCIS has published a new rule which aims to improve certain aspects of employment-based immigration.

This rule will automatically extend the validity of Employment Authorization Documents (EADs or Form I-766) for certain individuals who apply on time to renew their EADs in the same employment eligibility category.

Form I-751 Immigration Update

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I-751

USCIS has 58,700 Form I-751 pending petitions. Processing times for these petitions are 11.5 months out.

The Vermont Service Center (VSC) acknowledged that this isn’t where they want to be. They hope that in the next month or two they will increase the number of petitions being processed.  They have 20 workers in training who will be coming back to help with adjudication.  Once the TPS (Texas Service Center) workload eases up, some of those adjudicators will be able to adjudicate I-751s and decrease the current processing time. 

What does the Trump Presidency mean for my immigration process?

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Trump

Over the last few months, and more since November 9th, I have been asked – what does the Donald Trump Presidency mean for my immigration process?

It is unlikely that we will see significant changes to the immigration process in the near term.  In the long term, we are likely to see President-Elect Trump and Congress tackle immigration reform and changes including increased worksite enforcement and I-9 audits, additional security checks for visa processing and increased regulation on work visas like the H-1Bs.

Employer Ordered to Pay Penalties of $56,150 for I-9 Violations

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Audit, I-9, ICE, Immigration Compliance, Notice of Inspection, OCAHO

In U.S. v. Solutions Group International, LLC, OCAHO ordered the employer to pay $56,150 in penalties after accounting for some mitigating factors.

After Immigration and Customs Enforcement (ICE) served a Notice of Inspection, the employer, Solutions Group, was unable to produce some I-9 forms and, as to the forms produced, ICE found various sections out of compliance.

ICE filed a two-count complaint for: failure to prepare/present I-9 forms and failure to properly complete Section 2.   ICE assessed a baseline fine of $935 per violation.  It also aggravated the penalties by 5% each for lack of good faith and the seriousness of the violations.  ICE sought $86,398 in penalties.

The Court agreed with some of Solutions Group defenses but also held that the government met its burden in proving that the employer was liable for eighty-four I-9 violations.  Thus, the Court ordered the employer to pay $56,150 in fines for I-9 violations.

This is another example of the importance of proactive audits.   Some of the violations could have been corrected if this employer would have engaged in a proactive guided audit.