In recent months there has been an uptick in immigration enforcement activity by the Department of Homeland Security (DHS), including worksite visits, which is in line with the stated policy of increased enforcement by the current administration. As a result, employers should expect to face more frequent worksite visits by the Fraud Detection and National Security (FDNS) department of U.S. Immigration and Citizenship and Immigration Services (USCIS). Employers should also expect increased Form I-9 and immigration compliance audits by U.S. Immigration and Customs Enforcement (ICE). It is more important now than ever that employers understand and properly implement processes in line with the relevant immigration compliance requirements in order to be prepared to minimize the risk of fines and other penal actions by DHS.
Increase in Worksite Visits by FDNS
Per 8 CFR §214.2(h)(1)(ii)(B) and Section 214(i)(2) of the Immigration and Nationality Act (INA), the H-1B visa program allows employers to hire highly skilled foreign workers in specialty occupations which require at least a bachelor’s degree or its equivalent in a specialized field. The regulations at 8 CFR §214.2(h)(4)(i)(B)(1) require that, in filing the H-1B petition, employers attest to complying with the related regulatory provisions by both the U.S. Department of Labor (DOL) and USCIS.
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