Employers who use federal visa programs may become subject to worksite enforcement investigations from various federal agencies. The primary worksite enforcement mechanism utilized by U.S. Immigration and Customs Enforcement (ICE) is the I-9 audit. Additionally, the U.S. Department of Labor (DOL) utilizes worksite enforcement audits to investigate employers concerning wage and hour compliance, as well as H-2A, H-2B and H-1B visa program compliance. These enforcement mechanisms are usually administrative. However, criminal investigations and sanctions are also used as an enforcement tool against employers, particularly when an administrative investigation indicates that a serious immigration or labor violation exists at the worksite. The best protection against administrative fines and/or criminal sanctions is to assure strict compliance with immigration and labor procedures before an investigation is initiated. But employers must also understand their rights so they can respond properly when worksite enforcement investigations are initiated. Here are some tips employers may use:
'Tis The Season – to think about your 2015 labor needs and the H-1B, H-2A and H-2B options available to you. H-1B filings commence April 1, 2015. Contact firstname.lastname@example.org for more information concerning 2015 visa petitions.