 |
|
||||
|
||||
|
|
Recent news has created some concern in the H-1B community about increased government investigations. There are three main types of investigations that an H-1B employer can expect: 1. ASVVP Site Visit. Immigration officers in the Fraud Detection and National Security Directorate (FDNS) conduct random compliance reviews focusing on one petition and beneficiary. FDNS conducts thousands of such site visits every year, and most employers can expect a site visit over time. The purpose of the visit is to verify that information listed on an H-1B petition matches up with reality. Mismatches can lead to Notices of Intent to Revoke (NOIR) issued by the applicable Service Center, requesting clarification of the discrepancy. In rare cases, site visits can lead to criminal referrals. Based on our experience, FDNS officers visiting in person push employers to answer questions on the spot, without the benefit of an attorney. This must be resisted at all costs. Inform the officer that you will respond by email with attorney review. ASVVP site visitors do not come with warrants and cannot detain you. You should answer their questions after getting the answers cleared by an attorney. 2. DOL Audit. These are conducted by the Department of Labor and typically focus on wage underpayment and LCA notice issues. DOL audits are typically in response to an H-1B employee's complaint, but the scope of the investigation can extend to other employees. DOL auditors provide a detailed list of required documentation, with plans to return at a later date. Attorney review of documentation is a must to help avoid unnecessary fines and possible debarment from the H-1B program. 3. DOJ/HSI Investigation. These are serious investigations in which a court-ordered warrant authorizes government agents to seize assets and question or detain suspects. Penalties for violations can range from civil fines to criminal punishment in certain cases. Based on our experience, investigators push detained individuals to answer questions without having an attorney present - which is illegal. Of the three types of investigations covered here, for this type, the immediate, physical presence of your attorney is paramount as soon as the government agents arrive. H-1B employers can minimize issues by adopting a robust compliance program, paying required wages, and filing petitions properly. Last updated: July 27, 2023. |
|
Home | About Us | Practice Areas | News | Useful Links | Directions Copyright 2023 | Disclaimer |