The Mintz Levin Immigration section published an Alert last week, announcing the publishing of a revised Form I-9 (Employment Eligibility Verificationform), which all employers are required to complete on behalf of every employee hired in the U.S. You can read the alert here. The new Form I-9 may be found at http://www.uscis.gov/I-9Central.
Staffing and other companies that hire nonimmigrant workers through the H-1B program must remember to pay its nonimmigrant employees the required wage rate throughout their employment, even during breaks between staffing assignments. Failure to do so may result in significant back pay awards, as described in a recent Department of Labor press release
On August 26, the Department of Justice reached a settlement with Kinro Manufacturing Inc. with regard to allegations that it “engaged in a pattern or practice of discrimination against work-authorized non-citizens in the employment eligibility verification process” by requiring certain new hires to provide proof of employment eligibility beyond that required by law.
As reported earlier in the week by the Wall Street Journal, over 2,300 businesses this year have been subject to a worksite audit by the Department of Homeland Security’s Immigration and Customs Enforcement (“ICE”). These audits, which can be quite burdensome, are part of a broader effort by the Obama administration to curb illegal immigration.