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  • I-9 seminars and training
  • I-9 seminars and training
Sep
22
2014
Corporate Immigration Compliance Officer Training
Overland Park, KS Details and registration
Sep
22
2014
I-9 Administrator Training (New 2-page Form) - Mistakes to Avoid
Overland Park, KS Details and registration
Sep
29
2014
Corporate Immigration Compliance Officer Training
Overland Park, KS Details and registration
 
Mdivani Corporate Immigration Update
My employee left the company… Do I have any duties regarding the Labor Condition Application (LCA)?

When an H-1B employee is terminated from employment, employers often wonder what steps need to be taken.  Aside from the obligations in the H-1B regulation, employers may have additional responsibility in regard to the Labor Condition Application (LCA).

 
A Military Identification Card Is Not a Hole in One for an Arizona Golf Course


Golf International (“Golf”) is a family-owned golf course and restaurant in Fountain Hills, Arizona.  It is a small business and employs an average of 70 full and part-time employees.  Golf was served with a Notice of Inspection (“NOI”) by Immigration and Customs Enforcement (“ICE”) on August 14, 2012.  Golf submitted 157 I-9s for active and terminated employees, as well as the current payroll list and other relevant documents.  The following month, ICE issued Golf a Notice of Suspect Documents, a Notice of Discrepancy, and a Notice of Technical and Procedural Failures.  Additionally, in April of 2013, ICE served Golf with a Notice of Intent to Fine, seeking a penalty amount of $136,697 for failure to properly complete Sections 1, 2, or 3 of 129 of Golf’s I-9s.  After an amended complaint by ICE, this amount was reduced to $113,742.05.  One important issue tackled by the court in this case, that may be particularly of interest to employers, was that one of Golf’s I-9’s had a United States Air Force identification card recorded as a List C document in Section 2. 

 
Employer Stands to Lose More Than a Million Dollars due to Confusion Over who Should be in the Driver's Seat During the H-1B Process

Friday, August 29, 2014

A recent decision, Kutty v. United States Department of Labor, from the Sixth Circuit of the United States Court of Appeals, reinforces a basic principle of immigration law with respect to H-1B visas for professional workers, which is that it is the U.S. employer (and not the foreign employee) who is responsible for the H-1B process, compliance with H-1B regulations, and fees related to the process.
 

Like so many other employers, an owner of medical clinics who hired workers in H-1B status, Dr. Kutty did not understand employer obligations under the H-1B process.  As a consequence, the Department of Labor (“DOL”) found that the medical clinics were in violation of the H-1B regulations.  The DOL assessed liability of over $1 million in back wages and over $100,000 in civil penalties.

   
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