With recent pronouncements from the USCIS and USDOL, it is clear that companies who employ international workers—and even companies that do not—face increased risks of fines and other penalties due to expanded enforcement and compliance initiatives.
First, as we advised in May 2017, the USCIS announced efforts to combat fraud in employment-based immigration programs by focusing on H-1B dependent employers, employers placing their H-1B employees at third-party client sites, and employers whose business information cannot be validated through commercially available data.
Subsequently, on June 6, 2017, the USDOL announced a similar initiative regarding international worker visa programs. Secretary Acosta asserted that his department "will focus on preventing visa program abuse and take every available legal action against those who abuse these programs." These increased efforts include civil investigations, enforcement of labor protections, and changes to forms to better identify systematic violations and potential fraud as well as heightened use of criminal referrals.
However, with the increased enforcement efforts, it is increasingly likely that even employers who do not employ international professionals will get caught up in site visits, audits, and other investigations; it is therefore critical that all employers review their relevant documentation such as I-9s to ensure they are in compliance and avoid potentially significant penalties. We will be exploring these issues and other related topics in a series of articles in HR Law Matters:
- I-9/E-Verify
- Site visits and investigations
- Labor Condition Applications (LCAs) and public access files (PAFs)
- National origin/citizenship discrimination in the hiring process
- Immigration implications of social media activity
- The impact of mergers and acquisitions and other corporate restructuring
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
