Office of Special Counsel Issues Best Practices during Worksite Enforcement Audits
Published on January 30 2012 | 
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Employer Best Practices During Worksite Enforcement Audits
DO
- Develop a transparent process for interacting with employees during the audit, including communicating with employees that the employer is subject to an ICE audit.
- Provide all workers with a reasonable amount of time to correct discrepancies in their records identified by ICE. Treat all workers in the same manner during the audit, without regard to national origin or citizenship status. This means that all workers with like discrepancies who are asked to present additional documents are provided with the same timeframes and the same choice of Form I-9 documents to present.
- If your workers are represented by a union, inform the union of the ICE audit and determine whether a collective bargaining agreement triggers any obligations.
- Inform employees from whom you seek specific information that you are seeking this information in response to an ICE audit.
- Communicate in writing with employees from whom you seek information, and describe the specific basis for the discrepancy and/or what information you need from them. Follow the instructions on the ICE notice and the instructions for the Form I-9 when seeking to correct Form I-9 defects, including the Lists of Acceptable Documents and the anti-discrimination notice.
DON’T
- Selectively verify the employment eligibility of certain employees based on their national origin or citizenship status based on the receipt of an ICE Notice of Inspection.
- Terminate or suspend employees without providing them with notice and a reasonable opportunity to present valid Form I-9 documents.
- Require employees to provide additional evidence of employment eligibility or more documents than ICE is requiring you to obtain.
- Limit the range of documents that employees are allowed to present for purposes of the Form I-9.
- Treat employees differently at any point during the audit because they look or sound foreign, or based on assumptions about whether they are authorized to work in the U.S.
American Immigration Lawyers Association Public Interest Announcement
Published on January 03 2012 | | | Hits: 46
Today, the American Immigration Lawyers Association (AILA) put out an ‘Advisory’ on recent announcements made by the Department of Homeland Security, USCIS.
In August, the Department of Homeland Security (DHS) announced that it would be reviewing all cases pending in immigration court and temporarily closing low priority cases. In November, it announced that it had begun the case review process and issued three documents explaining the review: Memo on Case Review Process; Guidance to ICE Attorneys; and ICE Next Steps. For more information, visit www.aila.org/pd. This case review is NOT an amnesty and it is NOT about giving people work permits or legal status. You should NOT turn yourself into the immigration authorities because of these announcements. Please click here for the announcements http://aila.org/content/default.aspx?docid=38057
Courtesy AILA
Change of Address Form
Published on December 01 2011 | | | Hits: 23
Beginning March 15, 2011 all Change of Address, (Form AR-11) and Alien's Change of Address, (Form AR-11 SR) will change filing locations. Now, you must file all change of address forms at the following address:
DHS/USCIS
Harrisonburg File Storage Facility
Attn: AR-11
1344 Pleasants Drive
Harrisonburg, VA 22801
Change of address forms mailed to the old location will be forwarded to the new filing location for 45 days beginning March 15, 2011 until April 28, 2011.
You also have the option of notifying USCIS of a change of address online. To change your address online or for more information about USCIS and our programs, visit www.uscis.gov.
ICE to Serve More Than 500 New Notices of Inspection
Published on September 17 2010 | | | Hits: 28
Immigration and Customs Enforcement (ICE) has confirmed to AILA that the agency is serving more than 500 Notices of Inspection (NOIs) to companies throughout the U.S. this week. According to ICE, the audits flow in large part from leads about employers who allegedly are engaging in hiring unauthorized workers and paying employees unfair wages or otherwise exploiting workers.
Source: American Immigration Lawyers Association (AILA)
Site Visits and Immigration Audits of H-1B Employers
Published on October 01 2009 | | | Hits: 21
We have learned from AILA that the United States Citizenship and Immigration Services (USCIS) Office of Fraud Detection and National Security (FDNS) has commenced a broad review and assessment of the H-1B program. Approximately 20,000 Applications from Vermont and an equal number from California have been forwarded to the FDNS, to allow it to conduct site visits.
Where: Site visits may occur either at the H-1B employer's principal place of business and/or at the H-1B nonimmigrant's work location, as indicated in Part 5 of the Form I-129. FDNS will not reschedule the visit and so, employers must be prepared to entertain Officers when they visit. An Attorney will be allowed to be present by phone if required.
What: During the H-1B site visit, the FDNS officer will normally verify information contained in a specific immigration petition, irrespective of the number of H-1B petitions filed by the employer. The FDNS Office will normally have a copy of the petition. The Officer will request to speak with the employer's representative who normally executes petitions. However, if the representative is not available, the Officer will ask to speak with any other authorized representative. The FDNS Officer will request specific information about the employer's business, locations, and number of employees. The Officer may request to review a copy of the Company's tax returns, quarterly wage reports, and/or other company documentation to evidence that it is a bona fide business. The FDNS officer may also request confirmation that the signature on the I-129 petition is genuine. Questions about the nature of the position, job title, salary, work location may also be asked. You could be asked to provide the Officer with a copy of the employee's most recent pay stub, W-2, contact information, etc. The Officer could also request the employer to provide a list of current employees. Follow up interviews with the H-1B employee and other employees may also be part of the site visit. The Officer may also take photographs of the facility.
How Long: From our experience, site visits normally last between 15 minutes to an hour.
Rights: FDNS has indicated that it does not need a subpoena in order to complete the site visit because USCIS regulations governing the filing of immigration petitions allow the government to take testimony and conduct broad investigations relating to the petitions. The instructions for the current version of the Form I-129 contain a section outlining the USCIS' Compliance Review and Monitoring Methods. In these instructions, the USCIS states that its verification methods may include but are not limited to: review of public records and information; contact via written correspondence, the Internet, facsimile or other electronic transmission, or telephone; unannounced physical site inspections of residences and places of employment; and interviews. The instructions also indicate that the USCIS will provide an opportunity to address any adverse or derogatory information that may result from compliance review, verification, or site visit after a formal decision is made on the case or after the agency has initiated adverse action, which may result in revocation or termination of an approval. If such information is not provided by USCIS when it issues the adverse action, FDNS has indicated that the employer may request a copy through the Freedom of Information Act.
Request the name, title and contact information for the site investigator. If the investigator identifies himself as a USCIS FDNS contractor, request a business card with a toll free number to obtain confirmation of his credentials prior to providing any information.
Retain copies of the I-129 Petition for your record. Review this documentation before attempting to responding to the investigator. Contact our Office if you need assistance.
USCIS Redesigns Website, launch set for September 22nd
Published on August 17 2009 | | | Hits: 22
On Thursday, June 25, 2009 President Obama announced, In the next 90 days, USCIS will launch a vastly improved Web site.
The President further encouraged USCIS to work in close coordination with the Executive Office of the President to leverage cutting edge technology in order to fulfill this Presidential directive. On September 22, 2009 USCIS will launch a vastly improved public Web site to help customers navigate the immigration system and remain up-to-date regarding their case status. USCIS.gov redesign press release can be found here.