H-1B Visa Audits in Columbus

This may include whether the company had:

• Followed the LCA notice requirement
• Followed certain regulatory recordkeeping directives
• Paid the correct wages to H-1B employees
• Displaced any U.S. workers through H-1B hiring

A representative from the USDOL will visit the company on the specified date to conduct the H–1B audit. While there, the officer will inspect the company’s records and make copies of them. The officer may also question employees and gather any additional information as deemed necessary to determine compliance regarding the matters which are the subject of the investigation. The company is required by law to fully cooperate with the investigator.

The investigation may take a day, a week, a month, or several months. The longer the investigation takes, the more likely it is that the investigator is building a case against the company. It is critical that the company makes a good faith effort to cure any deficiencies prior to meeting with the USDOL officer. This should be done with a careful and thorough examination of the company’s records by an attorney experienced in USDOL H-1B audits. Once the investigation is complete, the officer will issue an “Administrator’s Determination letter.”

If the investigator believes that the company committed violations, the investigator may set forth penalties. The investigator has many factors to take into account when determining possible penalties. Those factors include your good faith effort to comply with the regulations now and your commitment to future compliance. The Federal Regulations make it clear that the best way to avoid a costly fine is to acknowledge and correct your mistake. Clearly, the biggest concern here is to allow your company to continue to recruit H-1B employees. If fines are imposed, a process of negotiations will ensue. However, meaningful negotiations are premised on the USDOL feeling that the employer has engaged in a good faith effort to correct its violations.

At that point, you have the option of accepting the findings or requesting an administrative hearing. You may dispute those findings at that hearing and argue for different penalties.

Comprehensive & Effective Representation from The Law Firm of Shihab & Associates

The USDOL H-1B visa audit is a serious situation. Federal Regulations require that an H-1B employer keep detailed records on each LCA application. The USDOL usually audits an employer when it receives a tip from a current or previous disgruntled employee. This may mean that the USDOL already has compiled a lot of information on your company’s record-keeping, practices or notice procedures. Accordingly, it is highly recommended that an immediate and detailed inventory of the company’s H-1B practices and record-keeping practices be undertaken prior to discussing the matter with the USDOL officer during the H-1B visa audit interview. It is critical that possible violations be identified prior to meeting with the USDOL investigator.

The Law Firm of Shihab & Associates is experienced in H-1B visa audits and will fight for the rights of employers. If you have questions about an H-1B audit matter, and/or you need help in USDOL investigation, do not hesitate to consult with our global immigration attorneys.

You can reach us at (888) 915-5057. We look forward to serving you.