In my previous blog, I wrote about OCAHO negotiating I-9 fines. To negotiate fines either with ICE or OCAHO, the employer must be willing to file a brief with OCAHO to request a hearing, and then ICE may be willing to ‘come to the table’.
Prior to the hearing, the employer and counsel must analyse each count against the company, either to accept or refute and prepare a brief accordingly. Both ICE and OCAHO consider the 5 factor test before negotiating a fine:
- The size of the employer’s business,
- The employer’s good faith,
- The severity of the violation(s),
- Whether individuals involved were unauthorized aliens, and
- A history of former violations by the employer.
Methodical analysis of the NIF (Notice of Intent to Fine), counts and legal basis is a must in order to be ready to negotiate with ICE and, if necessary, to request a hearing from OCAHO.
See you in my next blog.
Nalini S Mahadevan, JD, MBA
Lowenbaum Partnership, LLC
St. Louis, Missouri
The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.
Copyright 2013. All rights reserved.
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