Wednesday, April 3, 2013

USCIS Extends Nicaraguan Temporary Protected Status


April 3, 2013 – Washington

Janet Napolitano, Secretary of the Department of Homeland Security (DHS), today announced an eighteen (18) month extension of the Temporary Protected Status (TPS) for eligible nationals of Nicaragua, beginning July 6, 2013, and ending on January 5, 2015.  U.S. Citizenship and Immigration Services (USCSIS) have created a 60-day re-registration period running from April 3, 2013, through June 3, 2013, for current Nicaraguan beneficiaries seeking to extend their TPS status by applying for a new employment authorization document (EAD) with an expiration date of January 5, 2015.  Some re-registrants may not receive their new EADs until after their current EAD expires, therefore, USCIS is automatically extending current TPS Nicaragua EADs that have a July 5, 2013 expiration date, for an additional six months with a new expiration date of January 5, 2014.

Current TPS beneficiaries must complete and submit Form I-821, Application for Temporary Protected Status, and Form I-765, Application for Employment Authorization, in order to be eligible for the extended Temporary Protected Status.  Re-registrants are not required to pay the Form I-821 application fee, but are required to submit the biometric services fee, or a fee waiver request, if they are fourteen (14) years or older.  Applicants are also required to submit the Form I-765 application fee, or file for a fee waiver request.  The Form I-821 and Form I-765 can be downloaded for free at the USCIS website, or the applicant may call USCIS toll-free at 1.800.870.3676 for a free TPS form.

For additional information on TPS for Nicaragua, including guidance on the application process and eligibility, check the USCIS TPS website or call Form I-9 Compliance, LLC, toll-free at 1.866.359.4949 to speak with our subject-matter experts.

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posted by Form I-9 Compliance News @ 1:40 PM  

USCIS Extends Hondurans Temporary Protected Status


April 3, 2013 – Washington

Janet Napolitano, Secretary of the Department of Homeland Security (DHS), today announced an eighteen (18) month extension of the Temporary Protected Status (TPS) for eligible nationals of Honduras, beginning July 6, 2013, and ending on January 5, 2015.  U.S. Citizenship and Immigration Services (USCSIS) have created a 60-day re-registration period running from April 3, 2013, through June 3, 2013, for current Honduran beneficiaries seeking to extend their TPS status by applying for a new employment authorization document (EAD) with an expiration date of January 5, 2015.  Some re-registrants may not receive their new EADs until after their current EAD expires, therefore, USCIS is automatically extending current TPS Honduras EADs that have a July 5, 2013 expiration date, for an additional six months with a new expiration date of January 5, 2014.

Current TPS beneficiaries must complete and submit Form I-821, Application for Temporary Protected Status, and Form I-765, Application for Employment Authorization, in order to be eligible for the extended Temporary Protected Status.  Re-registrants are not required to pay the Form I-821 application fee, but are required to submit the biometric services fee, or a fee waiver request, if they are fourteen (14) years or older.  Applicants are also required to submit the Form I-765 application fee, or file for a fee waiver request.  The Form I-821 and Form I-765 can be downloaded for free at the USCIS website, or the applicant may call USCIS toll-free at 1.800.870.3676 for a free TPS form.

For additional information on TPS for Honduras, including guidance on the application process and eligibility, check the USCIS TPS website or call Form I-9 Compliance, LLC, toll-free at 1.866.359.4949 to speak with our subject-matter experts.

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posted by Form I-9 Compliance News @ 11:26 AM  

Wednesday, March 27, 2013


U.S. Customs and Border Protection (CBP) today published an interim finale rule in the Federal Register establishing the automation of Form I-94 Arrival/Departure Records.  The interim final rule, which will become effective on April 26, 2013, will help streamline the admissions process for nonimmigrants arriving to the United States by both land and sea.  Nonimmigrants will no longer need to fill out a paper Form I-94, due to the rule establishing an electronic version of the form, but individuals who go through secondary inspection, such as asylees, refugees, and parolees, will be provided a paper copy of their Form I-94.  Furthermore, the rule “adds a valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport to the list of documents designated as evidence of alien registration.”  The interim final rule, which can be read in its entirety here, also clarifies the definition of an “original Form I-94” due to the implementation of an electronic version of the form.  As stated in the rule, “The term “original I-94” includes, but is not limited to, any printout or electronic transmission of information from DHS systems containing the electronic record of admission or arrival/departure.”  

For more information, please visit the USCIS website or contact us today at (949) 640-4949 or toll free at (866) 359-4949 to speak with a subject-matter expert.

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posted by Form I-9 Compliance News @ 1:01 PM  

Thursday, March 7, 2013

USCIS Releases Newly Revised Form I-9

Updated March 8, 2013
U.S. Citizenship and Immigration Services (USCIS) has announced the official revised Form I-9 containing new revision dates, improved instruction fields and an additional page with new data fields which has been released today.  While the new I-9 Form has been through multiple public comment periods since May of 2012, USCIS has only now indicated that they are ready to release the final revised form.  The new Form I-9 is available to view on the USCIS website or can be downloaded here.

Implementation and Revision Dates

The new Form I-9, released today from the Federal Register, has a revision date of “(REV. 03/08/2013)N” for employers to comply with their employment eligibility verification responsibilities.  USCIS will provide all employers with a 60-day grace period to adopt and implement the new Form I-9, after which, all prior versions of the Form I-9 can no longer be used by the public.  If an employer fails to use the new Form I-9 when processing newly hired employees, they may be subject to penalties imposed under the Immigration and Naturalization Act (INA). Employers utilizing our electronic I-9 Form will automatically have access to the new Form I-9 before the end of the 60-day grace period.  We have already started to program the new I-9 Form in our application and are simply waiting for the final version to be released by USCIS, so we can complete the update to the electronic Form I-9.  As noted by USCIS, you can continue to use the current I-9 during the 60-day grace period.

Employers who currently use I-9 forms to verify the employment eligibility of their employees do not need to complete a new form for those individuals, unless re-verification is necessary.  If unnecessary verification is imposed, the employer may be subject to penalties based on a violation of the anti-discrimination provision of the INA.

Changes to the Form I-9

Although the form will have an additional page, USCIS states in the announcement that “The newly revised Form I-9 makes several improvements designed to minimize errors in form completion.  The new additions to the form are:
  • The addition of data fields for employee’s foreign passport information (if applicable), telephone number and email address.
  • Improved instruction fields for the form.
  • Revision of the forms layout expanding it from one to two pages (not including the form instructions and the Lists of Acceptable Documents).
Form I-9 Compliance, LLC

Upon the release of the official revised Form I-9, Form I-9 Compliance, LLC will begin completing its extensive programming of the revised Form I-9 for all system users.  Form I-9 Compliance will be providing weekly updates as to the official release date of the Form I-9, in its electronic platform.  Form I-9 Compliance will complete all updates to the electronic I-9 and ensure that the new form is integrated with the newest version of E-Verify during the 60-day grace period.

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posted by Form I-9 Compliance News @ 3:43 PM  

Tuesday, March 5, 2013

Fowler Equipment Benefits From OCAHO Fine Reductions


Worksite enforcement and immigration related employment fines continue to be at the forefront of U.S. Immigration and Customs Enforcement (ICE) priorities, as Fowler Equipment Company, Inc. becomes the latest company fined based on allegations of form I-9 malpractice.  Fowler Equipment, based out of Union, New Jersey, is a laundry equipment service provider of varying facilities, such as commercial laundromats, hospitals, hotels and apartment buildings, who currently employ around thirty-two (32) individuals.  On January 20, 2012 the Department of Homeland Security (DHS) and ICE filed a complaint against the company alleging they failed to prepare and/or present I-9 forms for twenty-seven (27) employees, failed to ensure that seventy-nine (79) employees properly completed Section 1 of the I-9 and failed as a company to ensure proper completion of Section 2 and/or 3 of the form.

Fowler Equipment Co. initially received a Notice of Inspection (NOI) and Subpoena from ICE on November 19, 2009, resulting in a Notice of Intent to Fine (NIF) from an investigation into the company’s employment practices and form I-9 process.  During the investigation, ICE alleged that Fowler Equipment failed to ensure that Section 1 of the I-9 form was properly completed for eighteen (18) employees, and the company failed to properly complete Section 2 or 3 of the form for sixty (60) individuals.  The baseline penalty of $985 was determined due to 90% of the forms in question contained violations.  Furthermore, ICE enhanced the fines to $981 per violation based on Fowler Equipment having bad faith and a “lack of recognition of [its] violation of the law.”  For eighteen (18) of the seventy-eight (78) I-9s, the government imposed an additional 5% increase for the seriousness of the violations, resulting in a $1,208.50 fine per instance.  The fines were assessed based on the five factors which ICE uses when determining fines for a company, which are: business size, good faith, seriousness, unauthorized aliens, history and cumulative adjustments.

After the initial assessment, Fowler Equipment responded by saying their personnel were acting under the guidance of being in accordance with the law by inspecting and copying the employees’ documents, proceeding to attach copies of the documents to each employee’s I-9 form.  The company went on to “characterize the government’s penalty request as “extraordinary” and takes dead aim at ICE’s penalty guidelines” based on the heightened fine amount and liability placed upon the company.  OCAHO took precedence in the case to determine if the fine amounts were too high for the company stating Fowler Equipment’s workforce is stable with a modest thirty (30) employees, but isn’t a “mom and pop” company with any apparent danger of closing their operations.  After OCAHO completed their investigation, they determined the seventeen (17) violations involving failure to prepare and/or present I-9 Forms will be assessed at $700 per violation while the fifty-nine (59) failures to complete Section 2 by the company will result in a $500 fine per violation, resulting in a total of $41,400 in penalties.

To read the decision in full, visit the Justice Department website.

For more information regarding the proper procedures of presenting and completing Form I-9s, please call 1-949-640-4949 or Contact Us today to speak with one of our compliance experts. 

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posted by Form I-9 Compliance News @ 10:52 AM  

Thursday, February 7, 2013

2012 ICE Worksite Enforcement Statistics for San Diego Employers


The $138 million U.S. Immigration and Customs Enforcement (ICE) worksite enforcement effort in 2012 resulted in over 3,000 employers audited, more than 200 company managers arrested and nearly $13 million in employment-related violations.  ICE recently issued a news release detailing their worksite enforcement efforts of San Diego and Imperial County businesses during the past year, resulting in $173,800 in worksite fines implemented by ICE Homeland Security Investigations (HSI).  HSI identified potential hiring violations of the employers by auditing their Form I-9s to determine any discrepancies in the employers’ hiring process and how employment eligibility was determined.  Special agent in charge for HSI San Diego, Derek Benner, was quoted saying, “Employers who build their business model upon an illegal workforce will be held accountable,” and continued by highlighting the importance of proper employment practices with, “Employers must understand that the integrity of their employment records is just as important to the federal government as the integrity of their tax files or banking records.”

ICE’s enforcement effort throughout San Diego and Imperial County is a reinforcing example of the shift in focus from the illegal individuals being hired to the employers and management staff participating in unlawful hiring procedures.  HSI conducted 151 worksite audits in 2012, a 43% increase from 86 audits in 2011, resulting in ten companies receiving final notices from ICE and receiving the following fines:

  •     Stanford Sign and Awning, Inc. - $9,600
  •     El Sol Meat Market - $24,050
  •     International Consolidated Cargo - $7,480
  •     Mexicali Chicken and Salad - $21,500
  •     Old Town Buffet - $15,000
  •     Rocha Trucking & Parking, Inc. - $8,000
  •     TDG Aerospace - $15,427.50
  •     Aquarius Yacht Services - $13,744
  •     Balboa Ambulance Incorporated - $50,000
  •     Harmony Egg Ranch - $9,000


The total amount of fines imposed on the ten San Diego-area companies was $173,800 for fiscal year 2012, representing an 18% increase from fiscal year 2011 when HSI conducted 86 worksite audits resulting in $146,577 in civil fines.  HSI will continue to pursue criminal cases against non-compliant employers by utilizing all available civil and administrative tools including Form I-9 inspections, civil fines and debarments.  Contact Us today or call 1 (949) 640-4949 to speak with one of our subject-matter experts to ensure your organization is fully compliant with current employment verification processes.

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posted by Form I-9 Compliance News @ 2:06 PM  

Wednesday, February 6, 2013

Houston Community College Reaches Settlement with DOJ on Work Authorization Discrimination


Houston Community College (HCC) currently enrolls more than 60,000 students and employs approximately 6,000 employees across 20 campuses, making it one of the largest community countries in the United States.  As of January 31, 2013, HCC reached an agreement with the Justice Department (DOJ) based on allegations that the college was using a discriminatory hiring process requiring non-U.S. citizens to provide specific documents to establish their work authorization.  The investigation began after an individual filed charges alleging that HCC discriminated against her based on national origin and citizenship status.  The case that followed was led by Trial Attorney Liza Zamd, who reached a settlement prior to the Justice Department filing an official complaint with Houston Community College.
The Justice Department’s investigation uncovered a pattern of discriminatory practices in Houston Community College’s hiring process over the past two years, which required non-U.S. citizens to provide additional documentation during the application process, while U.S. citizen applicants weren't required to provide any additional documents.  Thomas E. Perez, Assistant Attorney General for the Civil Rights Division, spoke about discriminatory hiring processes in the Justice Department’s official statement saying, “Employers cannot create higher hurdles for non-U.S. citizens in the employment process, including the employment eligibility verification process, than those required of U.S. citizens or those required by law.” 
Under the terms of the agreement, Houston Community College will comply with the following requirements set forth by the Justice Department:

  • $83,600 in civil penalties due to their discriminatory hiring practices.
  • A $20,000 back pay fund for compensation of potential victims who lost wages as a result of those practices.
  • Training on the anti-discrimination provision of the Immigration and Nationality Act (INA).
  • A two year monitoring period enforced by the Justice Department overseeing their employment eligibility verification practices.
To ensure your company is in compliance with current Federal law, call 1(949)640-4949 or Contact Us to speak with our subject-matter experts on how our solutions will provide your organization with the best practices needed to stay compliant.

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posted by Form I-9 Compliance News @ 3:50 PM