Employer Solutions Staffing v. OCAHO, No. 15-60173 (5th Cir. 2016)
Annotate this CaseESSG petitions for review of an order imposing a fine for its alleged failure to properly complete the employment verification forms for 242 employees. ESSG used one person in Texas to examine original documents presented by employees and another person in Minnesota to examine photocopies of the same documents and then sign the verification form. An ALJ found that ESSG's procedure violated the Immigration and Nationality Act (INA), 8 U.S.C. 1324(a)(1)(B), and ordered ESSG to pay fines. The court found no clear bar to corporate or entity attestation in the regulations and prior adjudications interpreting the INA. Despite the degree of deference potentially owed to the I-9 Form and the ALJ’s decision, the court concluded that ESSG lacked fair notice that corporate attestation was prohibited. The court held that even if it is proper for DHS to prohibit corporate attestation, neither the applicable I-9 Form nor any other authoritative source clearly so stated prior to the ALJ’s decision in this case. Accordingly, the court granted the petition for review and vacated all portions of the ALJ's order.
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