Meet the Co-chairs - TAGLAW
Ryan, Swanson & Cleveland, PLLC
Contact: MARY E. PIVEC AND REBA M. MENDOZA; Williams Mullen (North Carolina & Virginia, USA)
In Greater Missouri Medical Pro-Care Providers, Inc., ARB Case No. 12-015, ALJ Case No. 2008-LCA-26 (2014), a divided U.S. Department of Labor (“DOL”) Administrative Review Board (the “Board”) partially reversed the decision of the Administrative Law Judge (“ALJ”) and held that the DOL Wage and Hour Administrator has authority to investigate alleged INA violations involving H-1B workers who have not filed an H-1B complaint with the DOL on the basis of a single aggrieved party complaint, but the Administrator is statutorily limited from investigating any H-1B violations that occurred more than twelve (12) months prior to the filing of an aggrieved party complaint, on the basis of such complaint.
Contact: Janet Cheetham, Joel Paget & Marsha Mavunkel; Ryan, Swanson & Cleveland, PLLC (Washington, USA)
Our Predictions for the Coming Year
Contact: Mary E. Pivec, ESQ.; Williams Mullen (North Carolina & Virginia, USA)
Infosys Limited’s recent $34 million settlement with the U.S. Government resolved the threat of criminal charges against the company based on allegations of visa fraud. During the course of the investigation, U.S. Immigration and Customs Enforcement (ICE) audited the company’s Form I-9 files and reported that more than 80% of the company’s Forms I-9 contained “substantive” errors meriting civil money penalties. Using the company’s reported U.S. headcount and turnover rate, this translates to roughly over 13,500 violations and total potential civil money penalties of over $12.6 M at a base penalty rate of $935 per violation according to the ICE fine-setting matrix.
Contact: Henry J. Chang; Blaney McMurtry LLP (Ontario, Canada)
Contact: Caroline Flaig; Clarkslegal LLP (Reading, England)
You may deal with immigration issues in your business. The Government has announced that a consultation process will be undertaken about immigration fees and charges. The consultation started on 12 November and will last for 3 weeks.
- Immigration Fraud Whistleblower Likely to receive a $5M Bounty from Infosys’s $34M False Claims Act Settlement: Is Your Business Immigration Program Prepared for a Similar Whistleblower Attack?
- USCIS Guidance on E-Verify Issues Post Resolution of Federal Government Shutdown
- Government Shutdown: How Are You Affected?
- USCIS Unclear on Start Date for New Form I-9 Use – Issues New Handbook