Please reload

Recent Posts

Pizzerias, LLC Ordered to Pay Fines and Train HR for Immigration-related Discrimination

March 27, 2017

1/9
Please reload

Featured Posts

Trending: #Employers Would Likely Fare Well Taking their I-9 Cases to OCAHO

January 21, 2013

 

While we consistently see the harsh side of ICE, lately OCAHO seems to be giving us a glimpse into their slightly  less rigid side.  2012 was wrapped up with four important OCAHO decisions: Forsch Polymer, Corp., BKR Restaurants and Barnett Taylor (both doing business as Burger King), and March Construction, Inc. These decisions, taken together, display a trend of the OCAHO court reducing I-9 penalty amounts and giving employers an evenhanded review of their I-9 cases.

 

 

What does this mean for the employer?

 

In the unfortunate event that ICE does audit your company and assess steep penalties, it may be worth the extra mile for employers to request OCAHO review of I-9 fines.  While OCAHO does require employers to present compelling evidence to support their claims, as demonstrated by the court in BKR and Barnett, OCAHO will give a fresh eye and look fairly at the evidence presented by the employers, while continuing to hold ICE accountable for their I-9 errors and penalty assessments that have no backing.  The penalty reductions in Forsch, BKR, Barnett, and March should serve as a push to employers to request a hearing and seek a reduction in fines, as it seems in most cases the cost of court and attorney fees will likely be marginal in comparison to the reductions in fines that are possible.

 

Cases

 

Summary:  Forsch Polymer, Cor.

 

Summary:  BKR Restaurants and Barnett Taylor

 

Summary:  March Construction, Inc. 

 

Jessica Haefele

Corporate Immigration Attorney

THE MDIVANI LAW FIRM, LLC

7007 College Blvd., Suite 460

Overland Park, KS 66211

Phone:  913.317.6200

Fax:  913.317.6202

E-mail:  JHaefele@uslegalimmigration.com

www.uslegalimmigration.com

Share on Facebook
Share on Twitter
Please reload

Follow Us
Please reload

Search By Tags