Citations for ILW.COM's Seminar
Employer Sanctions For Beginners
Session 2 held on June 18, 2009
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From Roger Tsai
Please see ICE/CIS E-Verify Compliance MOA
Please also see Compliance Monitoring Regulation here.
"A rebuttable presumption is established by §402(b) of IIRAIRA that the employer has not violated §274A(a)(1)(A) of the INA with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in compliance with the terms and conditions of E-Verify."
Completion of the I-9 form raises a rebuttable presumption that the employer has not knowingly hired an unauthorized alien, but the government may rebut the presumption by offering proof that the documents did not appear genuine on their face, the verification was pretextual, or that the employer colluded with the employee in falsifying the documents. United States v. Walden Station, Inc., 8 OCAHO 1053, OCAHO Case No. 99A00040 (Apr. 21, 2000); INA §274A(b)(6)(A).
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