IMMIGRATION-RELATED AUDITS: What Employers Need to Know

There are three potential “hot spots” for audits and investigations for the government related to the immigration and nationality laws. The first has to do with the documentation that the employer is required to maintain in connection with the H-1B nonimmigrant professional and specialty and occupation worker visa. The second area of potential audit concerns the employer’s obligations under the Immigration Reform and Control Act of 1986 (“IRCA”) [Pub. L. No. 99-603, 100 Stat. 3359] (known to HR Professionals as the “I-9 Process”). The third area of audit surrounds the Labor Certification Application Program called, “Permanent Electronic Review Management” (“PERM”).
Each of the foregoing government programs anticipates compliance through “audit”. Even a rudimentary understanding of the complex documentary requirements for each of these programs can help an employer avoid potential liability.

It appears clearly to be the case that immigration-related programs that are undertaken by employers may be subject to either directed and/or random government audits from the DHS and/or the DOL. Failure to adequately comply with government regulations can result in penalties. The employer’s familiarity with the intricacies of the auditing and compliance are likely to save a considerable amount of both time and money.

The backbone of a healthy corporate immigration policy is ensuring a company’s compliance with regulations designed to protect U.S. workers and ensure that its workforce is made up of individuals lawfully authorized to work in the United States.

MVP Law Group provides a full suite of flexible, high-quality compliance services in order to help employers ensure continuous compliance with the ever changing regulatory environment. We offer a number of personalized services, both ongoing and project based that can assist businesses with maintaining compliance mandated by the Department of Labor (DOL), US Citizenship and Immigration Services (USCIS), and Employment Eligibility Verification (Form I-9),), among others.