November 30, 2021

Volume XI, Number 334

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November 29, 2021

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Finish Up Your Spring Cleaning: Review Your I-9 Immigration Forms

A recent decision from the Office of the Chief Administrative Officer (OCAHO) serves as a good reminder to make sure your company’s Forms I-9 are in order. In U.S. v Anodizing Industries, Inc., the OCAHO reviewed an Immigration and Customs Enforcement (ICE) complaint that a Los Angeles metal finishing factory had violated 8 USC §1324a(a)(1)(B) by failing to timely prepare Forms I-9 for its 26 employees. The decision confirms that failing to timely prepare a Form I-9 is a serious violation and that each failure constitutes a separate violation. Because the company committed a substantive violation 26 times, ICE sought a fine of more than $25,500. That’s almost a $1,000 fine for each Form I-9.

While the OCAHO reduced the penalties as a matter of discretion in this case, it’s important to think about what happened to this company in a broader sense. If a company is completing its Forms I-9 incorrectly, that same mistake is likely to appear on every Form I-9 the company completes. In the event of an ICE I-9 audit, if those mistakes turn out to be violations, that company faces a penalty for every mistake. Increased worksite enforcement is sure to accompany any immigration reform that comes out of Congress this summer. It’s important for companies to look over their Forms I-9 and make sure they are being completed timely and correctly.

©2021 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume III, Number 156
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About this Author

Rebecca B. Schechter, Greenberg Traurig Law Firm, Northern Virginia, Immigration Law Attorney
Of Counsel

Rebecca Schechter focuses her practice on business immigration and compliance, representing multi-national corporations and companies, as well as individual clients. She has experience with all areas of employment-based immigration, particularly H-1B, L-1, O-1 and E-2 petitions, as well as outstanding researcher petitions and labor certification applications. Rebecca regularly assists GT clients with global immigration matters, including business and work visas to countries in Europe, the Middle East, Asia, and Latin America. She also works on state and federal I-9 and E-Verify...

703-903-7578
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