Dol uscis workforce compliance
This presentation is the property of its rightful owner.
Sponsored Links
1 / 16

DOL & USCIS Workforce compliance PowerPoint PPT Presentation


  • 108 Views
  • Uploaded on
  • Presentation posted in: General

DOL & USCIS Workforce compliance. Presenter: Rakesh Mehrotra. H-1B QUOTA STILL OPEN. Roughly 54,000 applications filed Quota likely to get exhausted in the next few days File your H-1B petitions ASAP New LCA Portal since July Need seven days or more to get LCA certified.

Download Presentation

DOL & USCIS Workforce compliance

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -

Presentation Transcript


Dol uscis workforce compliance

DOL & USCIS Workforce compliance

Presenter: Rakesh Mehrotra


H 1b quota still open

H-1B QUOTA STILL OPEN

  • Roughly 54,000 applications filed

  • Quota likely to get exhausted in the next few days

  • File your H-1B petitions ASAP

  • New LCA Portal since July

  • Need seven days or more to get LCA certified.

  • Problem with FEIN number verification

  • Exact street address required for work location


Rfes targeting computer consulting companies

RFEs TARGETING COMPUTER CONSULTING COMPANIES

  • September 2008 H-1B Benefit Fraud & Compliance Assessment report of USCIS

  • Found fraud and technical violation specially with respect to computer consulting companies

  • RFEs for new and well-established companies and new, extension and transfer petitions

  • Computer consulting companies are deemed “job shops”

  • Presumption petitioner not the actual employer where consultant placed at client site

  • RFEs requests end client contracts and detailed work orders


Rfes targeting computer consulting companies contd

RFEs TARGETING COMPUTER CONSULTING COMPANIES Contd…

  • We can help prepare adequate responses to RFEs

    • With certain language end clients are happy to give letters

    • Other strategies: use of email between end client & consultant, badges, time sheets etc.

    • Properly filed petitions can avoid cumbersome RFEs


Rfes requesting details of internal projects

RFEs REQUESTING DETAILS OF INTERNAL PROJECTS

  • Just a write up on a project is not enough.

  • Evidence required that you generally engage in software development

  • Detailed marketing plans

  • Evidence of purchase of product

  • Team members assigned, titles, duties,

  • Invoices of development of product for client

  • We can help your company sort through this issue


Rfes refer to high number of h 1b petitions in past years vs current number of employees

RFEs REFER TO HIGH NUMBER OF H-1B PETITIONS IN PAST YEARS VS. CURRENT NUMBER OF EMPLOYEES

  • Revoke H-1B petitions of terminated employees.

  • Be prepared to explain discrepancy:

  • Employees may have changed jobs, declined employment or been terminated.

  • We can help you prepare the documentation to explain this discrepancy.


Fdns site inspections purpose history and funding

FDNS SITE INSPECTIONS: PURPOSE, HISTORY AND FUNDING

  • FDNS created 2004 to detect deter and combat fraud AND

  • To ensure that the immigration benefits are not granted to people who can pose to be a threat to national security or public safety

  • In the past FDNS has already assessed other programs

  • FDNS has now begun the assessment of H-1B program

  • To ensure that these employers are complying the rules and regulations of the H-1B program and no fraud involved in H-1B petition.

  • FDNS Collaborating with other governmental agencies including ICE and DOL.

  • Funded by fraud detection fee of $500 paid by employers


Strong likelyhood of fdns visit

STRONG LIKELYHOOD OF FDNS VISIT

  • VSC & CSC have transferred almost 40,000 cases to FDNS for review

  • USCIS adjudicators also refer cases as a part of regular H-1B adjudication process

  • FDNS consists of approximately 650 Immigration Officers & several private investigation firms

  • Very likely that FDNS officers will be visiting the offices of several H-1B employers

  • We have received information form several of our clients that a site visit has been conducted.


How is fdns h 1b site visit generally conducted

HOW IS FDNS H-1B SITE VISIT GENERALLY CONDUCTED

  • Visit mostly unannounced

  • At employer’s principal place of business and/or work location mentioned on petition

  • Immigration attorneys can be present in person or by phone

  • Will not agree to reschedule the site visit so that the attorney may be present at a later date.

  • Generally concentrate on only a single petition filed by the employer.

  • Will request to speak with the employer’s representative whose signature is on petition

  • Will request the company’s representative for detailed information on company and H-1B worker

  • Will tour the company’s facility and take photographs.

  • Will interview the H-1B beneficiary

  • Will interview the beneficiary’s colleague and/or beneficiary’s manager


Recommendations for companies that receive site visit from fdns

RECOMMENDATIONS FOR COMPANIES THAT RECEIVE SITE VISIT FROM FDNS

  • Request identifying the information of the site investigator

  • Request presence of your immigration attorneys before officer initiates the interview

  • Speak in the presence of attorney or witness

  • Take notes of whatever information/documents asked for and provided and inform attorney

  • Retain copy of filed H-1B petitions and supporting documents and any amendments.

  • Provide a copy of filed I-129 petition and supporting documents to the beneficiary:

  • Provide accurate information of the company to the officer

  • Request for some time to be granted if any information is not available at that time.

  • Request presence of the company representative during the tour of facilities and interview of the H-1B beneficiary

  • Historically such requests denied

  • Best thing to do: Call us before the site visit to help organize your documents


Organize your public access files

ORGANIZE YOUR PUBLIC ACCESS FILES

  • Public access file needed for each H-1B worker

  • Take LCA compliance seriously

  • DOL has never published a sample public inspection folder that is acceptable.

  • Take expert legal advise to have best chance of passing DOL’s test.

  • A yearly internal LCA audit will improve legal compliance

  • Do not rely on misinformation, assumptions and past practices.

  • Best time to change your business practices.


Satisfy dependent employer attestation

SATISFY DEPENDENT EMPLOYER ATTESTATION

  • Displacement: Non-displacement of US Workers in employer’s workforce

  • Secondary Displacement: Non-displacement of US Workers in another employer’s workforce ( e.g. client location)

  • Recruitment and Hiring: Recruitment of US workers & hiring of US workers who are equally or better qualified than H-1B nonimmigrant(s)

  • Must develop and maintain documentation supporting LCA attestations.

  • Our attorneys can help maintain and develop required documentation


Employer is obligated to pay the required wages for benched employees

EMPLOYER IS OBLIGATED TO PAY THE REQUIRED WAGES FOR BENCHED EMPLOYEES

  • Wages are due to H-1B worker if

    • Worker is benched: i.e. “Non productive” status due to a decision by the employer OR

    • Because of lack of assigned work

  • No wages are due to H-1B worker if

    • There has been a bona fide termination of the employment relationship; OR

    • The H-1B nonimmigrant is in non-productive status due to a decision of the employee

  • Two choices only:

    • Terminate OR pay benched employees helpful; OR

    • File amended petitions if work is available part time


Proper termination of employment from uscis point of view

PROPER TERMINATION OF EMPLOYMENT FROM USCIS POINT OF VIEW

  • Termination letter alone not enough

  • Remove from payroll

  • Letter offering return cost of transportation required

  • Revocation of H-1B petitions required

  • Document termination and revocation


Extended leave of absence letters to avoid wage obligations

EXTENDED LEAVE OF ABSENCE LETTERS TO AVOID WAGE OBLIGATIONS

  • Quite transparent to disguise benching and can be tantamount to fraud or misrepresentation

  • Should be used for genuine reasons i.e. Maternity / family emergency / higher education

    • Need to be well supported and

    • Consistent with normal business practice


Why us

WHY US?

  • Filed over 10,000 petitions

  • Very high success rate

  • Represent over 500 consulting companies nationwide

  • Acutely aware of USCIS policies and requirements

  • Can help your organization save time, money and hassles

  • Current environment: More challenges and tougher requirements

  • Experienced attorneys at competitive rates


  • Login