October 16, 2018

October 16, 2018

Subscribe to Latest Legal News and Analysis

October 15, 2018

Subscribe to Latest Legal News and Analysis

Increased Unannounced Site Visits from USCIS Fraud Detection Arm

Historically, the U.S. Department of Labor’s Wage and Hour Division has been the primary auditor of companies using H-2B visa to hire temporary, seasonal workers. But amid debates over the cap on H-2B visas and an expressed need for more H-2B workers  the USCIS’ Fraud Detection and National Security unit (FDNS) is getting into the mix and conducting unannounced site visits.

Until now, FDNS, according to its website, has been conducting compliance-review site visits on religious worker petitions, H-1B petitions, and L-1 petitions. President Donald Trump’s “Buy American, Hire American” executive order, which directed the Secretaries of State, Labor, and Homeland Security to consult to revise rules and guidance “to protect the interests of United States workers . . . including through the prevention of fraud and abuse” in immigration, appears to have prompted greater sharing of compliance reviews between the DOL and the Department of Homeland Security. USCIS already has set up an anonymous tip line to receive information about fraud and abuse of the H-2B program that may be a source for decisions on H-2B site visits.

Under H-2B regulations, employers must retain information regarding recruitment for a three-year period. DOL audits of H-2B employers generally focus on payroll records, evidence of recruitment and results, and verification of the number of H-2B workers employed. The FDNS site visits reportedly are focusing on similar items, but may be more extensive. If you have H-2B workers, ensure you are complying with all H-2B requirements, including the recording-keeping requirements.

Jackson Lewis P.C. © 2018

TRENDING LEGAL ANALYSIS


About this Author

Jessica Feinstein, Jackson Lewis, Employer Compliance Lawyer, immigrant petitions attorney
Of Counsel

Jessica Feinstein is Of Counsel in the Omaha, Nebraska, office of Jackson Lewis P.C. She specializes in representing U.S. and multinational companies in employment based immigration preparing nonimmigrant and immigrant petitions.

Ms. Feinstein specializes in representing U.S. and multi-national companies in employment based immigration. She has extensive experience preparing nonimmigrant visa petitions, including H1B, TN, L1, E, and H2B, as well as  preparing employment-based permanent resident petitions. She also...

(402) 391-1991