Hospitality Labor and Employment Law Blog

Hospitality Labor and Employment Law Blog

Category Archives: Immigration

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OCAHO Continues to Enforce Form I-9 Violations in Hospitality and Construction Industries

By Matthew S. Groban and Robert S. Groban, Jr. The OCAHO has recently issued two Form I-9 enforcement decisions involving hospitality and construction industry employers that should be of interest to all our clients. In United States v. Symmetric Solutions, Inc. d/b/a Minerva Indian Cuisine, 10 OCAHO no. 1209 (OCAHO February 6, 2014), an OCAHO … Continue Reading

Immigration Update

Robert Groban and the Immigration Law Group of Epstein Becker Green recently issued an alert that will be of interest to employers. Following are the main topic headings: H-1B Nonimmigrant Season Opens on April 1, 2014, for Fiscal Year 2015 H-1B Petition Amendments May Be Required Due to Changed Job Location DOL’s Administrative Review Board … Continue Reading

OCAHO Provides a Roadmap for Reducing Fines for Form I-9 Violations

By:  Robert S. Groban, Jr. and Matthew S. Groban The recent decision by the Chief Administrative Hearing Officer (“OCAHO”) in United States v. The Red Coach Rest., Inc., 10 OCAHO No. 1200 (2013) provides a roadmap for employers seeking to reduce fines sought by Immigration and Customs Enforcement (“ICE”) for Form I-9 violations.  In Red … Continue Reading

Restaurant Sues Former Chef to Recover H-1B Visa Expenses When He Quits Before his Contract Expired

By: Robert S. Groban, Jr. and Matthew S. Groban On June 28, 2013, a District of Columbia restaurant sued its former executive chef to recover the expenses incurred to secure his H-1B visa.  See Rasika West End LLC v. Tyagi, No. 13-0004426 (D.C. Super. Ct. filedJune 28, 2013). According to the complaint, the employer entered into a thirty-six … Continue Reading

Government Shutdown and Its Threat to the Immigration Process

We recommend this recent client alert on Epstein Becker Green’s website: "Special Immigration Alert: The Immigration Ripple Effect of a Government Shutdown," by Robert Groban, Jr., Pierre Georges Bonnefil, Patrick Brady, Jang Im, and Greta Ravitsky, our colleagues at Epstein Becker Green. Following is an excerpt: The looming prospect of a Government shutdown will have … Continue Reading

Immigration Update

By:  Robert S. Groban, Jr. Many of our hospitality clients are revisiting immigration requirements to see if there are any advantages that they have overlooked. One overlooked advantage is the USCIS’s E-Verify system. Employers know that the IRCA requires them to satisfy the Form I-9 requirements.  Many have found this difficult to implement and have … Continue Reading

Hospitality Immigration Alert

By:  Robert S. Groban, Jr. Missouri Man Convicted in Scheme to Place Undocumented Workers in Hotels On October 28, 2010, a Missouri man was convicted by the U.S. District Court in Missouri for his role in a racketeering scheme that involved placing undocumented workers at hotels in 14 states, including several hotels in the Kansas … Continue Reading

GAO Report on H-2B Program Portends Added Scrutiny for Hospitality Employers

By:      Robert S. Groban, Jr.   On November 2, 2010, the Government Accountability Office (GAO) released a Report on the H-2B nonimmigrant program (Report).   This Report examines fraud and abuse by examining 10 criminal prosecutions of recruiters and employers participating in the H-2B program. This program allows employers in the hospitality and other industries with a … Continue Reading

Hospitality Immigration Update

By:  Robert S. Groban, Jr. U.S. Department of Labor Issues Proposed Rule on H-2B Wage Rates   On October 4, 2010, the Employment and Training Administration, U.S. Department of Labor (“DOL”), issued a proposed rule that would require employers to pay H-2B and American workers recruited in connection with an H-2B job application a “wage … Continue Reading
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