Earlier this year, the United States Customs and Immigration Service (USCIS) announced that it would be stepping up its
immigration enforcement efforts. This week, the federal agency began its surprise investigation program, which will result in
the unannounced inspection of more than 40,000 employers nationwide.
The best way to get and stay prepared for government inspections is to know the laws that apply to your company and your employees.
Find out everything you need to know by getting the easy-to-use, fully updated
2010 Guide to Employment Law for California Employers
The surprise inspection program is being funded by the $500 “fraud fee” that employers pay with any initial application to sponsor an employee
for an H-1B visa. In July of 2009, the USCIS contracted a small army of new inspectors to carry out its enforcement program. Now that those contract
inspectors have been trained, they’re ready to begin inspections. According to the USCIS, the names of more than 40,000 employers have been forwarded
to the agency’s inspections department, each of whom will receive a surprise inspection.
Because there will generally be no advance notice of an inspection, employers with H-1B visa workers should take the following steps now to ensure
that everything is in order:
- Review H-1B applications to ensure that no visas have expired, and that foreign employees are actually performing the work
identified in each employee’s visa application; - Make sure that all H-1B visa documents are accurate and up to date, and readily accessible at each location with foreign
workers are located; - Inform management, supervisors and front-officer personnel of the possibility of an inspection, and instruct them first and
foremost not to panic if USCIS inspectors show up, and then to contact a specific person in the company who is charged with
interacting with and monitoring inspectors; - Inform H-1B workers of the possibility of inspections, so that they can notify the company of any changes in their circumstances
that may effect visa status; - If discrepancies or questions about a worker’s visa status or documents are discovered, promptly contact an immigration attorney to resolve
the issue before an inspection occurs.
In addition, because the USCIS inspector will likely want to personally speak with H-1B visa employees, make sure you have current contact
information for these workers so that they can be made readily available on short notice.
2010 Guide to Employment Law for California Employers
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