As a business employing foreign national workers, you need to be prepared for government audits and site visits, and you must make sure to be compliant with all labor regulations.
Wage and Hour Division Site Visits
The Department of Labor’s Wage and Hour Division performs site visits to ensure compliance with the Labor Conditions Application and related regulations. These are performed in order to make sure that the hiring of nonimmigrant workers will not adversely affect U.S. workers and that nonimmigrant workers are not suffering abuse regarding wages and working conditions.
A WHD audit may be prompted for a number of reasons, most commonly because of a complaint from a worker. The WHD may initiate the investigation because of a pattern of violations, a failure to meet a condition of the Labor Conditions Application, credible information about an LCA violation, or if the WHD has reasonable cause to believe that the employer is not in compliance.
Should your business be subject to a WHD audit, you will first receive a letter from the WHD with a notice of an investigation and a request for documentation. Once you have provided the requested documentation, a WHD investigator will perform a site visit. After this on-site meeting has taken place, the investigator will make a determination on the investigation.
Youngblood & Associates will provide legal representation should your business be subject to a Wage and Hour Division audit and can assist you in filing an appeal if needed. We can also work with you to review your compliance prior to an investigation with the DOL regulations and determine if your business is at risk for a WHD audit.
Employment Eligibility Verification
All employers are required to verify the employment eligibility of their employees by executing and maintaining the Form I-9.
Immigration and Customs Enforcement (ICE) performs I-9 audits on businesses to verify the employment eligibility of their employees. Businesses should have policies and procedures in place to ensure their I-9 compliance and to avoid hefty fines and penalties.
Youngblood & Associates offers proactive I-9 support. We will work with you to make sure that your Form I-9s are executed, maintained, and retained according to regulation, and to prepare you for an employment eligibility verification audit from ICE. We also offer legal representation should you be issued civil fines or criminal penalties by ICE or DOL.
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