We are seeing with  increasing frequency, particularly in the hospitality, restaurant and contracting industries, the collaboration between the Department of Labor’s Wage and Hour Division (WHD) and ICE concerning the recent rash of I-9 audits and work site investigations.  We think this is for a myriad of reasons:

1)      Not meeting employee minimum wage requirements

2)      Non-conformance with H-2B temporary labor certification regulations

3)      Mis-classifying workers as independent contractors

4)      Hiring undocumented workers

5)      I-9 document violations; and

6)      A high volume of uncontested E-Verify Non-confirmations

In September a meeting took place between immigration attorneys and representatives from the USCIS Verification Division to discuss updates with E-Verify.  It was discussed that The Office of Special Counsel and E-Verify have signed an MOU to share information  between the two agencies, enabling the OSC to increase its role in the enforcement of E-Verify policies, specifically related to discrimination and employer use of the E-Verify system.

E-Verify is particularly monitoring employers that are suspected of misusing the system for pre-screening purposes or who appear to be providing data that is inconsistent with the size of their business and their usage of the E-Verify system.

If you’re an employer and you receive a Notice of Inspection (NOI) or a Subpoena, it is highly advisable that you contact an attorney that specializes in employer compliance issues before you provide any documentation whatsoever to ICE agents, DHS, or DOL.

For more information on E-Verify, we link to the Quick Reference Guide for E-Verify Employer Agents and to the E-Verify menu on the USCIS website.

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Immigration Solutions provides US and global visa services to individuals and employers throughout the USA and abroad.  We specialize in business immigration and have a depth of experience in the IT, health care, arts & entertainment, and sports industries, amongst others.  Our services include complex business visas for investors, multinational managers, skilled professionals and outstanding individuals in science, business, education, athletics and entertainment.  We additionally provide employer compliance consulting services on proper I-9 (Employment Eligibility Verification) auditing, training, and work with our clients to develop compliant immigration policies and procedures.  We offer these services, as well, to government contractors and advise on FAR E-Verify enrollment and compliance issues.