DOL Announces Project Firewall, a reminder to check in on your H-1B compliance system
- Danielle Atchison, Mdivani Business Immigration Lawyer
- 1 day ago
- 2 min read
Updated: 14 hours ago
DOL recently announced Project Firewall, where they will be checking in on H-1B employers to confirm compliance. DOL and USCIS have long-been tasked with enforcing the H-1B compliance rules, but this press release basically states they will be increasing their efforts. This is not a change in regulation, but rather a ramp up.
Investigations may include surprise visits, examinations of public access files, and interviews with the employee and all related personnel to the employment. Noncompliance could mean fines, collection of back wages determined to be owed to affected workers, and/or debarment from future use of the H-1B program.
For those H-1B employers with compliance systems in place: complete Public Access Files, material change analysis reviews, regular audits of your own files, this is business as usual.
For those H-1B employers who are unsure about the state of their H-1B compliance, some ways to prepare are to:
Conduct a Public Access File Audit
Each filed Labor Condition Application for an H-1B requires its own Public Access File ("PAF"). A PAF, as laid out in 20 CFR 655 Subpart H, must contain documentation, including: Signed, Certified LCA, Wage Rate Memo, Actual Wage System Description, Summary of Benefits, Prevailing Wage Analysis, etc. Employers should have a review done to ensure compliance and whether PAFs match the employment terms and conditions for their employees.
Train Managers and International Personnel on H-1B Compliance Requirements
Have your managers and international personnel attend regular trainings regarding H-1B compliance. Everyone should understand parameters of H-1B employment, how potential changes may affect the work visa, how promotions should be handled, worksite changes, international travel, etc.
Establish a System for Proposed Changes to Employment
The employer should establish a compliance system where any potential changes to the terms and conditions of employment go through a material change analysis before they occur. This includes: job title changes, worksite changes, slight duties changes, etc. Each change should be examined closely to determine whether it materially changes the position before the change happens to avoid potential noncompliance.
We provide H-1B training at usimmigrationcompliance.com if you'd like to learn more about the H-1B.
Business Immigration Lawyer
The information on this website is for general information purposes only, it is not legal advice applicable to a specific situation. Viewing it does not create an attorney-client relationship.
