Audit and Compliance for Business Immigration (Form I-129 & LCA)
In an ever changing society, it is important for employers to maintain compliance
with all Immigration rules and regulations so that serious violations do not occur
and business can continue as usual. With the H-1B visa program, it is extremely
important that employers keep accurate and organized employee files. There are many
different forms and documentation associated with the H-1B visa. Therefore, all
employers should maintain public employee files that contain those essential documents.
Those employee files can be very helpful in the case of an audit by the Department
of Labor (DOL) which is becoming more of a common occurrence these days, as the
H-1B program is currently undergoing scrutiny.
Employers who fail to comply with the Department of Labor (“DOL”) regulations may
become subject to investigation, civil and administrative penalties, payment of
back wages, and disbarment from participation in key immigration programs.
To ensure that U.S. and foreign workers are protected, an employer must maintain
an audit/public access file for each H-1B applicant it has acquired. It is important
to keep the public access file separate from all other employee and business files.
An employer is required to have a public inspection file and the DOL is able to audit
that inspection file as well as payroll records to make sure the foreign worker
is/was being paid the wage stated in the application.
*Public access files must be maintained for a period of one year beyond the
last date on which any H-1B nonimmigrant was employed under the labor condition
It is extremely important to maintain an organized H-1B audit/public access file,
so you may expedite the audit and possibly save the company from any potential liability
due to mingled or misplaced files.