Practice Advisory: Immigration Enforcement Readiness Tips for Employers

 

From the Winter 2009 Newsletter: Businesses employing foreign workers should be on guard. In 2009, USCIS increased the number of unannounced inspections of employers sponsoring foreign workers. This article provides some pointers for employers to prepare for the possibility of unannounced site visits by USCIS.

The Fraud Detection and National Security (FDNS) unit of USCIS was established in 2004 to detect and combat immigration fraud.  FDNS has the authority to conduct benefits fraud assessments (BFA).  After making an assessment, FDNS has the authority to refer an employer to ICE for civil and criminal prosecution and to USCIS for reconsideration of approved employee immigration benefits.

FDNS investigations are often conducted by contractors untrained in immigration law. These contractors are allocated funds to make only one site visit. If an employer is unavailable or unable to respond to FDNS contractor inquiries, the employer may automatically be referred for fraud investigation.  It is therefore important that employers be prepared in the event of a site inspection. 

A few simple guidelines can help employers be more prepared for potential fraud assessments. Generally, employers should ensure that immigration employment records are in order.  Companies employing H-1B workers must remember to:

·         have public and private files in order

·         file updated labor condition applications when there are any changes to employee work locations or salaries

·         file amended H-1B petitions when there are material changes to an employee's position duties or occupation

Companies sponsoring employees for green cards should ensure that recruitment campaign records are in good order and available for review.

Of course, these tips are not comprehensive.  Employers with concerns about potential fraud investigations should contact The Chander Law Firm for more thorough guidance.

This article was published in the Winter 2009 Chander Law Firm Newsletter.  Subscribe to the newsletter by clicking on Home and adding your email address.  Newsletters are published on a quarterly basis.

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