H-1B Audit and FDNS Site Visit Seminar 2013
Please stay tuned for Seminar details.
Knock, Knock: Who's there? An FDNS Investigator is Just Outside Your Office Door
Featured Speaker Keshab Raj Seadie
(Attorney at Law, Law Offices of Keshab Raj Seadie, PC)
Presents a Thorough Analysis of DOL and USCIS Enforcement Trends
As USCIS gets aggressive in verifying H-1B visa program compliance, FDNS site visits and LCA investigations by the DOL are on the rise. The Law Offices of Keshab Raj Seadie, PC, perform audits of LCA compliance programs and Public Access Files and assists corporations document their good faith efforts to comply with all regulations. Combining our legal knowledge of the H-1B and LCA regulations with our experience representing companies during LCA investigations and FDNS site visits, Law Offices of Keshab Raj Seadie, PC, provides clients with the tools necessary to run a successful H-1B program by assisting with Public Access Files, conducting internal H-1B audits, providing solid representation during H-1B Audits, FDNS Site Visits, and various court appeals.
Select Seminar Issues Include:
• Composition of FDNS Portfolio
• Important Practical Issues for Companies and HR To Understand
• Real-Time Considerations during a DOL/H-1B Audit
• The Potential Impact of the "Worst-Case" Scenario
• Best Practices in I-9/E-Verify Compliance
The seminar will be followed by a question-and-answer period during which participant queries will be addressed. Lunch will be provided.
*Please include Name, Company Name, Address, Email Address, and Phone Number in your RSVP. We urge you to RSVP as soon as possible since space is limited and seats are going quickly!
USCIS Gets Aggressive in Verifying H-1B Visa Program Compliance
- H-1B/R-1 Site Visits and Role of FDNS.
- H-1B Investigations by the U.S. Department of Labor, Wage & Hour Division.
- Interrogations and Inquiries at the POE.
- Employer Compliance Program
Enforcement in the Immigration Law Arena is on the Upswing
- DHS/USCIS seems to have moved to an "Audit Model" for compliance.
- H-1B: LCA submitted to DOL and USCIS Site Visits and/or DOL Investigations may occur.
- Form I-9: ICE engages in Worksite Enforcement by auditing I-9 Forms.
- PERM : Submitted applications are subject to audits and possible revocation by DOL.
Enforcement through Audits and Investigations is Not Surprising
- FDNS gets funding through the "fraud fee" paid for by employers in connection with various types of visas.
- Focus of the enforcement function at DHS was honed within "ICE" as a separate law enforcement Division following 9/11.
- Congressional Studies (OIG, GAO) show high rates of fraud in specific visa classifications (e.g., H-1B, L-1B, R-1).
- USCIS and DOL provide incentives for disgruntled employees to make formal complaints and get benefits under the law (e.g., regulatory complaint process, now - U visa certification issued by W&H Division).
Enforcement and Investigation
- LCA/H-1B Audits
- H-1B Benefit Fraud & Compliance Assessment (BFCA)
- Complaint-based investigations - WH-4 H-1B Complaint Form
- Petition Denials Penalties
- Civil Money Damages
- Back wages
- Fringe Benefit Reimbursements
- Negative Publicity
H-1B Application Mistakes To Avoid
- Notice requirements - internal posting or union notification I-129 Petition, I-129 DC, I-129 H Supplement
- Labor Condition Application (LCA) Issues
- Evidentiary requirements - company & employee qualifications, job description, employee maintenance of status
- Failing to Provide Accurate Data: Employer Name, FEIN, Contact Info, Rate of Pay
- Consequences: Loss of Work Authorization/Status and Travel Concerns
- Best Practices in I-9/E-Verify Compliance
- Establish a written I-9/E-Verify compliance policy
- Designate an immigration/E-Verify compliance officer
- Integrate I-9 E-Verify requirements and compliance with overall personnel policies, materials and employment applications
Past Immigration Seminars
HOW TO NAVIGATE H-1B EMPLOYER-EMPLOYEE RELATIONSHIPS AND THIRD PARTY SITE PLACEMENTS
This seminar presented practical "nuts and bolts" and step-by-step strategic approaches in dealing with the H-1B Employer-Employee Relationships and Third Party Site Placements.
- Current state of USCIS and DOL Investigations
- Who is Employer?
- Who is Agent?
- Who is Employee?
- What is work site in relation to the H-1B petition?
- How to file a denial proof H-1B Petition
- Documentation to establish the Employer-Employee relationship: Initial H-1B Petition
- Documentation to establish the Employer-Employee relationship: H-1B Extension
- Documentation to establish Employee control
- Duration of the requested H-1B Validity Period
- What does control mean for Consulting Companies?
- Strategic solutions in responding to the new RFE dealing with Employer-Employee issue; Employer/Petitioner control over H-1B worker; End Client letter; Employment Contract and Itinerary
EEOC Policy Guidance on Contingent Workers as well as pertinent Supreme Court cases including Clackamas, Darden and Reid were also covered.
Unlike other seminars, attendees were invited to ask questions on the topics being addressed. We spent a full hour addressing participant questions. We believe informed Employers are empowered, law-abiding Employers.
4941 Stelton Road, Hadley Center
South Plainfield, NJ 07080
Dates and Times: TBD
Attendees received complimentary USCIS 3rd party query, sample employment contracts, sample vendor contract, sample end client letters, checklists, forms and educational materials. These valuable resources serve both as an excellent program companion, as well as a standalone reference guide.
Free consultation was provided to attendees after the seminar.