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U.S. and Global Immigration News

~ Immigration News and Alerts from Giselle Carson, Esq.

U.S. and Global Immigration News

Category Archives: Immigration News

Trump Administration Executive Orders on Immigration and Workforce Strategy

30 Monday Jan 2017

Posted by Giselle Carson in Immigration News

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

White House America. Residence of President USA.

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.

Continue reading →

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

19 Thursday Jan 2017

Posted by Giselle Carson in Immigration News

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Immigrant Visas, Non-Immigrant Visas

Businessman writing NEW REGULATIONS on Blackboard

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. Continue reading →

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

03 Tuesday Jan 2017

Posted by Giselle Carson in Immigration News

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

Compliance Sketch And Asian Man

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. Continue reading →

Latest Updates on the New Form I-9

02 Monday Jan 2017

Posted by Giselle Carson in Immigration News

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Human Resources, I-9, Legal Updates

formi-9

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: Continue reading →

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

02 Friday Dec 2016

Posted by Giselle Carson in Immigration News

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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. Continue reading →

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

01 Thursday Dec 2016

Posted by Giselle Carson in Immigration News

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

In Buffalo Transportation, Inc. v. USA, the 2nd 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.

Audit - female hand with megaphone and text

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.  Continue reading →

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

23 Wednesday Nov 2016

Posted by Giselle Carson in Immigration News

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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. Continue reading →

Form I-751  Immigration Update

17 Thursday Nov 2016

Posted by Giselle Carson in Immigration News

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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.  Continue reading →

What does the Trump Presidency mean for my immigration process?

14 Monday Nov 2016

Posted by Giselle Carson in Immigration News

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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. Continue reading →

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

01 Tuesday Nov 2016

Posted by Giselle Carson in Immigration News

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Tags

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.

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Marks Gray, P.A.
1200 Riverplace Blvd.
Jacksonville, FL 32207
904-398-0900






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

• Immigration Success Stories: Employment-Based First Preference EB-1

• Compliance Alert: New Form I-9 Updates

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

• FAQ: National Visa Center (NVC) Processing

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Marks Gray, P.A.
1200 Riverplace Blvd.
Jacksonville, FL 32207
904-398-0900

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