In today’s rapidly changing regulatory environment it is hard for companies to maintain compliance with immigration regulations. It is expensive and time consuming for an organization to respond to an audit or enforcement action, specially if its records are not accurately maintained. We partner with our business clients to ensure that they are always in compliance with existing laws and regulations. We advise and develop best practices so your company can successfully navigate immigration compliance issues and avoid civil penalties or criminal actions.
Worksite Enforcement/Employment Verification
In an era of heightened enforcement, it is more important than ever to have a compliant onboarding and employment verification program in place. These requirements apply to any business, of any size, and in any industry. The process is complicated, the time requirements for implementation are strict, and the consequences of getting the paperwork wrong are expensive. There are multiple government agencies involved in Worksite Enforcement and it is important to understand how a program or a company’s actions will be viewed by each of them. If your company requires assistance in establishing a compliant employment verification program, our office can advise on best practices. This includes a review of the onboarding process, candidate experience, Form I-9 completion, E-verify and if necessary, an I-9 audit, E-Verify desk review or IER investigation.
Businesses that hire foreign-born employees are increasingly being subjected to investigations from the Department of Labor. Generally, the subject matter of the investigation is to ensure employers are paying the correct salary and are in compliance with any immigration paperwork filed on their behalf. That includes investigations of H-1B, H-1B1, and E-3 employees to ensure that workers are receiving correct wages and are working under the terms of employment as specified on the Labor Condition Application (LCA) that accompanies certain petitions when filed with USCIS or DOS. At the least, the audit process is disruptive to business. At Law Offices of Sweta Khandelwal, we can review your LCA records to ensure compliance with the H-1B, H-1B1, and E-3 programs. We can help you create a Public access Binder for all your H-1B employees as well. If your company is being investigated by DOL, we can serve as legal counsel to ensure you receive proper representation.