When the Fraud Detection and National Security (FDNS) Directorate or the Department of Labor (DOL) initiates an H-1B audit or site visit due to a tip from a disgruntled employee or the consulate during visa stamping, it is critical to have a proactive plan in place to ensure compliance and mitigate risks. Here's a step-by-step guide to preparing for and managing such investigations:

1. Conduct a Comprehensive Internal Audit:

Verify Public Access Files (PAF):

• Ensure each H-1B employee's PAF is complete and includes: 
• LCA.
• Prevailing wage determination.
• Evidence of wage compliance.
• A notice of filing at the worksite.

Review Employee Records:

• Confirm the accuracy of job titles, job descriptions, work locations, and salaries.
• Verify that the employee is being paid at or above the wage listed in the LCA and H-1B petition.

Check Compliance with Worksite Locations:

• Verify that the employee is working only at approved locations listed in the LCA.
• For remote employees, ensure you have updated LCAs or amendments reflecting the home office or alternate location.

2. Train Your Staff:

Educate Employees:

• Inform all H-1B employees about potential site visits and what to expect.
• Advise them to be truthful and consistent in their answers, providing only requested information.

Train Managers and HR Personnel:

• Train HR and managerial staff on the requirements of the H-1B program, such as wage obligations, worksite compliance, and document retention.

3. Designate a Point of Contact (POC):

• Assign a specific employee or legal counsel to act as the primary contact for FDNS or DOL auditors.
• The POC should: Meet with the investigator, Escort them during the visit, Provide requested documentation.

4. Prepare for FDNS Site Visits:

Documents to Have Ready:

• Copies of all relevant H-1B petitions, including Form I-129.
• LCAs and certified copies.
• Evidence of wage payments (e.g., pay stubs, direct deposit records).
• Organizational charts and employment verification letters.
• Lease agreements or utility bills to verify the employee's work location.

Practice Interviews:

• Conduct mock interviews with employees to ensure they understand their job duties, reporting structure, and work location details.

Verify Work Locations:

• Ensure that any unanticipated changes in work location are documented and, if necessary, covered by an amended petition.

5. Prepare for DOL H-1B Audits:

Document Organization:

• Assemble all LCAs filed within the past five years.
• Maintain accurate payroll records and time sheets.
• Document the recruitment process and any required U.S. worker notices.

Review Termination Processes:

• Ensure terminated H-1B employees received proper notice and the required transportation costs were paid for returning to their home country.

6. Respond to Tips and Allegations:

Investigate Internally:

• If a tip has been made, conduct an internal investigation to identify and address potential compliance issues before the audit.

Review Employee Relations:

• Document communications and actions taken with disgruntled employees.
• Ensure all terminations or disputes are handled professionally and legally.

7. Legal and Compliance Support:

Engage Legal Counsel:

• Have immigration attorneys on standby to assist during audits or site visits.
• They can review the investigator's requests and help ensure compliance with the law.

Develop a Crisis Plan:

• Include steps for handling non-compliance findings and appeals.

8. During the Audit or Site Visit:

Be Cooperative and Transparent:

• Provide requested documentation promptly but do not volunteer unnecessary information.
• Keep records of all documents provided and questions asked.

Monitor Investigator Activities:

• Ensure the investigator remains focused on the H-1B program and does not overreach into unrelated areas.

Document the Visit:

• Take notes on the investigator's questions and activities for future reference.

9. Post-Audit Actions:

Follow Up on Findings:

• Address any non-compliance issues identified during the audit promptly.
• Work with legal counsel to prepare a response to any Notices of Intent to Revoke (NOIR) or Requests for Evidence (RFE).

Implement Corrective Measures:

• Update policies and procedures to prevent future issues.
• Conduct additional training for HR staff and managers.

10. Preventative Measures:

Maintain Ongoing Compliance:

• Regularly review and update your H-1B and employment practices.
• Monitor changes to immigration laws and DOL guidelines.

Document Everything:

• Keep detailed and organized records for each H-1B employee.

Communicate Regularly:

• Maintain open lines of communication with employees and ensure they understand their responsibilities and rights.

By following these steps, your organization will be better prepared to handle FDNS site visits or DOL audits, minimizing risks and ensuring compliance with H-1B program requirements.