MDIVANI CORPORATE IMMIGRATION UPDATE

New Regulations Regarding Immigration-Related Unlawful Employment Practices

Employers must be very careful when completing I-9s for new employees to not discriminate. Without proper training, it is easy to violate federal anti-discrimination laws while trying to comply with Federal Form I-9’s employment eligibility and work authorization requirements. Discrimination may happen in several ways during the hiring process. A common example is when an employer requests that a lawful permanent resident worker present his/her green card for employment. U.S. immigration law prohibits employers from requesting specific documents or rejecting valid documents during the employment eligibility verification process. All workers must be given a choice of which documents to presen

What is the Immigration Reform and Control Act of 1986 (IRCA)?

The Immigration Reform and Control Act was passed by Congress in 1986 in order to “control and deter” undocumented migration to the United States. The law, in part, has the goal and effect of sanctioning employers who “knowingly” hire undocumented workers through civil and criminal penalties. IRCA requires employers to complete an employment verification process when hiring any new employee, which includes the use of the Form I-9, Employment Eligibility Verification. Historical and Political Background Before IRCA was passed in 1986, the federal government had no regulation in place to deter employment of undocumented workers, and, in fact, had never imposed sanctions on employers before.

I-9 Administrator Frequently Asked Questions

As a trainer with the Corporate Immigration Compliance Institute, I am often asked specific questions regarding situations that I-9 Administrators run into with the Form I-9 and its processes. Below I am providing actual questions and answers I have encountered through I-9 Administrator and Immigration Compliance Officer training sessions that will hopefully act as a quick reference guide to I-9 Administrators dealing with similar issues. 1. Section 3 Uses Q: “In regards to Section 3, how do I go about completing an I-9 if I am rehiring a person whose I-9 has not yet been destroyed, but their work authorization has since expired?” A: If you are rehiring an employee who is no longer authorize

7-Eleven Owner Sentenced to 4 Years in Jail & Forfeited Millions of Dollars to U.S. Government

Follow-Up to NY 7-Eleven Investigation: Owner Sentenced to 4 Years in Jail & Forfeited Millions of Dollars to U.S. Government A couple years ago, we brought news about the largest work-site enforcement forfeiture in U.S. history. Just a couple weeks before the end of 2016, one owner was sentenced to 48 months in federal prison after pleading guilty to several crimes, including harboring illegal aliens, i.e. employing unauthorized workers. What Happened: As we reported in 2014, the owners of several 7-Eleven franchises in New York and Virginia were investigated and indicted for employing dozens of employees without work authorization, as well as engaging in document fraud. As we continue to s

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United States

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