An information technology (IT) consulting company that develops database and web-based applications, content management, and blockchain technology was fined $48,193 by the Department of Labor’s (DOL) Wage & Hour Division to settle allegations of H-1B Visa Program violations. What Happened? According to the DOL, Glendale, California-based Assigncorp, when seeking the H-1B employees, submitted certifications to the DOL, which required Assigncorp to pay certain wages based on the DOL wage statistics and established prevailing wages…

U.S. Citizenship & Immigration Services (USCIS) has informed all employers to continue using the Form I-9, Employment Eligibility Verification, released on July 17, 2017, notwithstanding the August 31, 2019, expiration date listed on that form. According to USCIS, a new edition of the Form I-9 will be “soon be published.” However, it has yet to be published and USCIS did not provide a timeframe for its release. USCIS notes that in “the meantime, [employers]…

In the wake of the new minimum wage law passed earlier this month, eight immigrant workers have filed a lawsuit against Caribbean Car Wash Inc. in Elizabeth, New Jersey (CCW), alleging CCW paid them less than $5 per hour for many years and denied them overtime because of their immigration status, or lack thereof. The claim, brought under the Fair Labor Standards Act and New Jersey Wage Payment Law, alleges that the workers were forced…

Immigration and Customs Enforcement (ICE) has increased its enforcement actions related to the Science, Technology, Engineering, and Math Occupational Practical Training (STEM OPT) Program. Specifically, ICE’s random site inspections at STEM OPT program sponsor sites, have become increasingly intrusive and investigatory in nature. The purposes of these inspections are to ensure that employers are not deviating from any part of the training plan, verify that a STEM OPT student employee-employer relationship truly is bona fide;…

Last night, the Old Bridge Township Council adopted legislation authorizing the township’s attorney to investigate and take legal action against New Jersey Gov. Phil Murphy’s administration challenging the “Immigrant Rights Directive” that limits police cooperation with U.S. Immigration and Customs Enforcement (ICE) and essentially deems New Jersey a sanctuary state. The Council Resolution states that Gov. Murphy and the New Jersey Assembly have enacted regulations and statutes that prevent local municipalities like Old Bridge from…

Apparently, in response to New Jersey’s sanctuary state policies, the Department of Homeland Security (the Department) has increased the number of worksite investigations and inspections. While the Department has not released inspection numbers since December of 2018, reports from those participating in immigration compliance, human resource departments, and other industry leaders indicate that New Jersey could see a nearly 1000% increase in the number of Notices of Form I-9 inspections from the 750% increase in…