Compliance Stuff

On September 19, the U.S. Department of Justice (DOJ) announced a  False Claims Act  (FCA) settlement with a New Jersey shipyard that allegedly hired subcontractors employing undocumented workers. The recent settlement highlights an ongoing shift in the federal government’s strategy to enforce immigration laws aimed at businesses with federal contracts. It also underscores the Trump administration’s stated focus on enforcing immigration laws through various legal avenues, including criminal, civil, and administrative investigations and enforcement actions against employers. Businesses should expect and prepare for heightened scrutiny regarding their hiring and employment practices under this administration. Increased FCA Risks for Employers The FCA prohibits individuals and businesses from knowingly submitting false or fraudulent claims for payment to the federal government under 18 U.S.C. § 287 .  FCA violations  can result in civil penalties, including significan...

  E-Verify+ is a new voluntary employee verification process that allows employees to complete their Forms I-9 through E-Verify. The process has benefits and detriments, so employers invited to participate in the program should discuss E-Verify+ with their immigration counsel to determine whether it is right for their organization. The USCIS recently introduced E-Verify+, which aims to streamline the employment eligibility verification by combining Form I-9 and E-Verify into a seamless digital process. E-Verify+ has employees complete their Form I-9 directly through E-Verify, thereby reducing the burden on employers. The USCIS has been working on E-Verify+ for a couple of years, although it was previously referred to as E-Verify NextGen. In some ways, E-Verify+ stems from the  flexibilities introduced for Form I-9  completion during the pandemic and the  new alternative procedures  using virtual verification for reviewing an employee’s documentation. In both i...