The Administration’s New Work Site Enforcement Initiatives
The Obama administration has announced new work site enforcement initiatives and goals that will likely increase the number of investigations as well as I-9 and H-1B audits. In many cases, these audits may be the preamble to criminal enforcement. The administration has pledged to aggressively investigate employers and pursue criminal enforcement wherever possible. While criminal enforcement against employers who hire unauthorized workers began under the Bush administration, recently criminal enforcement actions also have been brought in the H-1B context for egregious violations. The Obama administration has stated that, even more so than the prior administration, the focus will be on employer compliance with immigration rules.
You can read the full article linked below.
http://www.abanet.org/buslaw/blt/2010-01-02/fialkowski.shtml
W. Garnett & Associates
Human Capital Management
1-888-884-3910
USCIS Inspects 25,000 onsite H-1B Visas
Tougher enforcement comes in response to a US Citizenship and Immigration Services (USCIS) study (in October 2008), titled H1-B Benefit Fraud & Compliance Assessment, which found a 27% rate of fraud in the H1-B visa programme.
Read the full article linked below.
http://www.currentitmarket.net/2009/11/25000-onsite-h-1b-inspections.html
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Immigration Crackdown: DHS Launches Thousands of H-1B Inspections, I-9 Audits
To accomplish the inspections, DHS has established the Fraud Detection and National Security Division (FDNS). With nearly 600 officers and more than $90 million in funding (arising from the $500 fraud-detection fees for each initial H-1B or L-1 petition), the FDNS will conduct the 25,000 inspections, up from just over 5,000 in the previous fiscal year. The FDNS already has begun to dispatch officers to work sites throughout the United States.
You can read the full article linked below.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Bad Economy Creates Compliance Issues For H-1B
If you are facing reduction in work and the bench period is being extended, you must take appropriate measures. If the change in business is temporary and you expect your business to pick up in few months, it is not good to lay off your employees. One of the options to retain your good employees without hurting their immigration status and also to reduce your burden of payroll is to amend the previously approved H-1B for part time or flexible hours H-1B. This creates benefits for both employer and the employee. The employee is able to maintain his status and able to look for another part or full time job if needed. Or he uses his time to wind up his affairs in US such as dependents’ education, job, selling cars or other property. On the other hand the employer is able to retain his workforce until the economy improves.
Link to the full articles below.
http://sunitakapoor.com/?q=content/compliance-issues-h-1b-employers-bad-economy-0
W. Garnett & Associates
Human Capital Management
1-888-884-3910
What Employers Should Know and Expect From USCIS Fraud Unit
The USCIS Fraud unit has a lot employer should expect. These site visits are expected to become more and more frequent. For example, the USCIS Vermont Service Center has indicated it has transferred approximately 20,000 cases to the FDNS as part of the H-1B assessment program. It is assumed that the USCIS California Service Center has also forwarded a comparable number of cases for review. This is an addition to the cases that are referred to the FDNS based on a standard profile worksheet, which is completed by the USCIS adjudicators as part of the regular H-1B adjudication process. Therefore, it appears that FDNS officers will be appearing at the offices of numerous H-1B employers (and their clients if the beneficiary is assigned to one of the employer’s clients) within the next few months to gather information about their compliance with the H-1B program.
You can read the full article linked below.
http://biz42.inmotionhosting.com/~younos5/blog/?p=321
W. Garnett & Associates
Human Capital Management
1-888-884-3910
H-1B Round-up, Part I: USCIS Targeting H-1B Employers
In an effort to reduce fraud in the H-1B visa program, U.S. Citizenship and Immigration Services (USCIS) has expanded its H-1B site visit and enforcement program. Approximately 25,000 new site visits of H-1B employers are in the works. USCIS is targeting these enforcement efforts at all H-1B employers, and not just those perceived to be abusing the program. It does seem to have a special interest in small businesses and information technology consulting companies, though no employer is immune.
Link to full article below.
W. Garnett & Associates, HR Consultant
1-888-884-3910
