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Understanding the Regulatory Practice & a Thorough Analysis of DOL and USCIS Enforcement Trends

October 26, 2022

12:30 pm to 2:00 pm

Webinar Details

This Webinar will provide an overview of the H-1B Audit and FDNS Site Visit process including finding and commenting on regulations, recent case laws and best practices in dealing with both Department of Labor and the USCIS. Our guest speaker is a former Associated Commissioner of the INS and expert in regulatory matters who will be providing more in-depth information to the regulatory process of FDNS Site Visit. Our Principal attorney Keshab Raj Seadie, Esq. has personally handled hundreds of DOL Audit and FDNS Site Visits.

Presenters:

William Slattery

Elizabeth Bosky

Keshab Raj Seadie, Esq.

Knock, Knock: Who's there? An FDNS Investigator is Just Outside Your Office Door

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 assist 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, provide clients with the tools necessary to run a successful H-1B program by assisting with Public Access Files; conducting internal H-1B audits; and 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 Webinar will be followed by a question-and-answer period during which participant queries will be addressed. 

AGENDA

1. 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

2. 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.      

3. 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 “and "CBP" as separate law enforcement Divisions.
  • 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).

4. Enforcement and Investigation

  • LCA/H-1B audits
  • H-1B Benefit Fraud & Compliance Assessment (BFCA)
  • Complaint-based investigations – WH-4 H-1B Complaint Form-http://www.dol.gov/esa/forms/whd/WH-4.pdf
  • Petition Denials Penalties
  • Civil Money Damages
  • Back wages
  • Fringe Benefit Reimbursements
  • Debarment
  • Negative Publicity

5. H-1B Application Mistakes To Avoid

  • Labor Condition Application (LCA) Issues
  • Notice requirements – internal posting or union notification I-129 Petition, I-129 DC, I-129 H Supplement
  • Evidentiary requirements – company & employee qualifications, job description, employee maintenance of status
  • Failing to Provide Accurate Data
  • Employer name, FEIN, contact information
  • Rate of Pay
  • Consequences: Loss of Work Authorization/Status and Travel Concerns

6. 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

7. Questions and Answers

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