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Please feel free to browse through the resources we have made available to learn more about the Worksite Enforcement program. If you want to explore alternative immigration options, you should schedule a consultation with us. A consultation allows us to review all of the facts in your situation, after which we can present you with all of the options you have. We can also quote you a fee for any option you wish to pursue with our assistance after speaking with you.
You can schedule a consultation by calling 215-825-8600, or by using our online consultation form.
We look forward to speaking with you. |
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H-1B Labor Condition Application Compliance |
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The Department of Labor ("DOL") has been actively auditing H-1B employers to ensure that they are in compliance with all H-1B requirements, including requirements relating to Labor Condition Application (LCA) posting, payment of required wages, public examination files and any required non-displacement inquiries. Failures in these areas can result in significant back-pay awards, civil fines, and debarment.
Employers can expect to see increased enforcement in this area by an energized and invigorated DOL under the Obama Administration. The DOL recently hired 250 new investigators that will increase the staff in the division by more than a third. President Obama's new Labor Secretary Hilda Solis, has asserted that she will aggressively pursue violations stating "there is a new sheriff in town."
Just as the government has turned to criminal enforcement of I-9 requirements, the government has also begun to pursue criminal enforcement actions against H-1B employers. As just one example, on January 22, 2009, the government filed a ten count criminal indictment against an H-1B consulting company in federal court. The indictment includes charges of conspiracy, mail fraud, and it seeks forfeiture in the amount of $7.4 million. In the indictment, the government alleged that the employer submitted false statements and documents in support of their H-1B visa petitions which were mailed or wired to state and federal agencies. ICE agents arrested 11 individuals in seven states.
We work with employers to develop effective H-1B compliance and limit liability.
Our services include:
- Ensuring that these files are properly maintained in accordance with all Department of Labor regulations.
- Conducting internal audits of LCA files to ascertain and correct any compliance issues.
- Developing procedures and policies to insure full compliance with all relevant regulations and thereby limit any liability.
- Training human resources personnel and in-house counsel on the proper completion and retention of H-1B LCAs.
- Providing full representation to employers facing LCA audits and investigations.
KRSS Materials
- Immigration Obligations in Times of Economic Downturn: Consequences of Workforce Changes Involving Foreign Nationals (PDF)
Published in Business Law Today, Volume 19, Number 3, Jan./Feb. 2010. Copyright 2010 by the American Bar Association. Written by: Kate Kalmykov
- The Administration's New Work Site Enforcement Initiatives: Focus on Employer Compliance Will Increase Audits and Investigations (PDF)
Published in Business Law Today, Volume 19, Number 3, Jan./Feb. 2010. Copyright 2010 by the American Bar Association. Written by: Elise A. Fialkowski
- What H-1B Employers Should Expect During USCIS Site Visits
October 19, 2009 by Kate Kalmykov
In an effort to eliminate fraud, the United States Citizenship and Immigration Services (USCIS) is expanding its number of unannounced visits to the worksites of employers that sponsor H-1B visa holders.
- FAQs on LCAs for H-1B (PDF)
September 24, 2009
- Employer Violations and the Impact on the Employee's H-1B Status
July 9, 2009
- Changes during the H-1B Relationship: Employer Compliance Issues
July 9, 2009
- Termination of H-1B Employees
July 9, 2009
- New Worksite Enforcement Initiatives Likely to Result in Increased I-9 and H-1B Audits and Investigations
June 22, 2009, published in
The Legal Intelligencer
- Immigration Compliance in the New Age of Worksite Enforcement by Elise Fialkowski
April 2009
- USCIS H-1B Benefit Fraud & Compliance Assessment (PDF)
September 1, 2008
- Immigration Enforcement Goes Private: Sarbanes-Oxley for Human Resources?, The Legal Intelligencer, William A. Stock
November 21, 2007
- Employees Who Violate Immigration Laws Are No Match for ICE, The Legal Intelligencer, Suzanne B. Seltzer
October 17, 2007
- When Applying for Work Visas, It's Not Over 'Til It's Over, The Legal Intelligencer by Suzanne B. Seltzer
April 18, 2007
Additional Materials
Resources/Links
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