DOL Announces "Project Firewall" to "Maximize H-1B Program Compliance"
- Danielle Atchison, Mdivani Business Immigration Lawyer
- 11 minutes ago
- 2 min read
DOL recently announced Project Firewall, an H-1B enforcement initiative. DOL will be prioritizing its authorization to investigate employers using the H-1B program, including surprise visits, examinations of public access files, and interviews with the employee, and all related personnel to the employment.
If employers are found to be out of compliance, the government could levy fines, collection of back wages determined to be owed to affected workers, and/or debarment from future use of the H-1B program.
Some ways to prepare for an H-1B investigation are to:
Conduct a Public Access File Audit
Each filed Labor Condition Application for an H-1B requires its own Public Access File ("PAF"). Employers should ensure all PAFs contain required documentation.
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 position should 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.
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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.
