As of August 14, 2009, USCIS had received approximately 45,000 H-1B cap-subject petitions. Accordingly, there are still a significant number of H-1B numbers available for the 2010 fiscal year which starts October 1, 2009.
Contact Stern & Curray LLC if you have any questions.
We have received reports from our clients and through immigration circles about the increasing number of H-1B audits, especially site visits. A typical audit involves an investigator appearing at an employer’s office with a list of questions to be answered. The audit can also include a review of the terms and conditions set forth in the H-1B petition to make sure the reality is in sync with these provisions. Accordingly, it is important for H-1B employers to make sure their documentation is in order and that the terms and conditions of the H-1B beneficiary’s employment is consistent with the provisions set forth in the H-1B petition.
The U.S. Department of Labor (DOL) and U.S. Citizen and Immigration Services (USCIS) are Increasing H-1B Audits and Random Site Visits this Year
The Department of Labor has announced that it has hired 250 new investigators and a primary responsibility for these investigators is to audit companies who have filed H-1B visas. These audits will focus on confirming that the individual is working at the described location, at the required wage, and performing the position described in the H-1B application.
Additionally, USCIS has received significant funding for a substantially increased volume of random site visits. USCIS, through the “fraud fee,” has engaged outside contractors to conduct thousands of random site visits to petitioners. Many of these visits are expected to occur after approval of the H-1B petition. Reports are that employers are receiving these visits, most with no notice, and many selected randomly.
During the webinar, we will address how to best prepare in advance – in the event your organization receives an audit from DOL or a random site visit from USCIS.
Free Webinar:
Wednesday, August 26, 2009
10:00 – 11:00 am (MDT)
Please RSVP at: https://www2.gotomeeting.com/register/112591122
When you RSVP, you will be provided with the call-in and log-in information.
This webinar has been approved for 1.0 (General) recertification credit hours toward PHR, SPHR and GPHR recertification through the HR Certification Institute.
Please feel free to forward the email to colleagues who may be interested in this webinar also.
If you have any questions please contact us at 303-407-4100.