ICE Steps Up Audits
September 17, 2009
U.S. Immigration and Customs Enforcement (ICE) Launches a Bold, New Audit Initiative
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USCIS Initiates Surprise Visits Re H-1B Visits | Notices of Inspection (NOIs) alert business owners that ICE will be inspecting their hiring records to determine whether or not they are complying with employment eligibility verification laws and regulations. Inspections are one of the most powerful tools the federal government has to enforce employment and immigration laws.
An official from ICE speaking publicly at a recent conference indicated that the agency is preparing to launch a round of nationwide employer audits in late summer or early fall. If you receive a Notice of Inspection, insist on your right to a three-day notice period, and contact your attorney.
This new initiative illustrates ICE's increased focus on holding employers accountable for their hiring practices and efforts to ensure a legal workforce."ICE is committed to establishing a meaningful I-9 inspection program to promote compliance with the law. This nationwide effort is a first step in ICE's long-term strategy to address and deter illegal employment," said Department of Homeland Security Assistant Secretary for ICE John Morton.
Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to review and record the individual's identity document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual. (See http://www.ice.gov/pi/nr/0907/090701washington.htm)
U.S. Citizenship and Immigration Services (USCIS) has initiated surprise site-visits to employers to ensure compliance within the H-1B visa program requirements, and to confirm that the H-1B visa holder is working and being paid in accordance with the terms of the H-1B visa petition. |
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