US IMMIGRATION LAW BLOG » Employment Issues

Another Small Business Owner Arrested For Not Complying With Employment Laws

Harsharn Makkar — Thu, 27 May 2010 00:08:25 +0000

Michel Malecot, an owner of a popular San Diego restaurant, French Gourmet, was arrested today for hiring undocumented immigrants workers. He was indicted on 12 felony counts of knowingly hiring illegal immigrants, which could lead to five years in prison and a $250,000 fine per count. The unique of this case is that the government is trying to seize Malecot’s restaurant using forfeiture laws. For complete story, click on the following link.

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What is E-Verify?

Harsharn Makkar — Wed, 19 Mar 2008 15:34:15 +0000

E-Verify (Employment Eligibility Verification Program) is an Internet-based system that allows participating employers to electronically verify the employment eligibility of their newly hired employees. The system is designed to confirm employment eligibility with Social Security Administration and check for work visas with Department of Homeland Security. The participation in this program is voluntary and it is free. However, a number of states do require certain employers such as federal contractors to participate and comply with federal work authorization verification program. The program also allows employers to compare photos of new hire’s employment authorization documents (EAD) or permanent resident (Greed Card) against nearly 15 million images stored in the Department of Homeland Security (DHS) databases. In addition, USCIS has improved contact services to obtain program information and assistance. To learn more about the program visit: www.dhs.gov/E-Verify. Finally, employers can learn about the program and training in Atlanta, visit http://www.dhs.gov/xabout/gc_1177436339963.shtm

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What is the purpose of E-Verify?

Harsharn Makkar — Thu, 03 Jan 2008 00:12:13 +0000

The purpose of E-Verify is to help employers verify employment authorization documents of a newly hired employees. Once the employer collects verification documents, the participating employer can electronically submit the information to USCIS for verification. In case, the documents do not match, the program requires employers to resolve discrepancies between their employee records and those of the Social Security Administration and/or the Department of Homeland Security. This program is problematic because once the employer is notified of the discrepancy, the employer must make a decision to either terminate the employment or continue the employment and risk criminal and/or civil penalties for non-compliance. Either step is problematic for employers because an employer could be sued for wrongful termination or as mentioned above risk criminal and/or civil penalties for noncompliance.

For more information about E-Verify, visit: https://www.vis-dhs.com/EmployerRegistration

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