A surprise at your doorstep or an unannounced arrival of an investigator from a federal agency can arouse anxiety in the business environment. How do you handle an effective management of the investigation, no matter which agency comes calling? This session tells you how!

1. Day 1 : Global Immigration Workshop
What to expect when you’re not expecting:
Handling site visits from ICE and DOL audits

2. How to Handle Site Visits from ICE
and DOL Audits
• Ensuring Effective Compliance in a Challenging Immigration Environment
• Presenter: Anindita Chowdhury, USILAW, Inc.

3. ICE Site Visits
• USCIS on April 3, 2017 in a Memo Announced Enhanced Measures to
“detect H-1B Visa Fraud and Abuse”
• Part of President’s Trump’s efforts to “Buy American, Hire American”
• USCIS is engaging in more targeted site visits and will focus on:
“Cases where USCIS cannot validate the employer’s basic business information through
commercially available data;
H-1B-dependent employers (those who have a high ratio of H-1B workers as compared to
U.S. workers, as defined by statute); and
Employers petitioning for H-1B workers who work off-site at another company or
organization’s location”
Purported purpose is to determine if companies are “making a good faith effort to recruit
U.S. workers”

4. What to Expect During Site Visits
• The Site Visits Are Unannounced and Without Prior Notifications
• Site Visits Were Mainly for H-1Bs But Have Been Expanded to L-1s
• Many of the “Officers” Who Make these Visits May be Contract
Employees but mostly are USCIS Staff
• The Officers Will Visit Addresses Listed on the I-129 Forms as Well as
the Certified LCA (which should be the same addresses)
• The Officers Will Visit During Office Hours
• This is Not a Raid But an Inspection

5. How to Prepare for Site Visits
• Companies Should Expect Site Visits. This is a Regular Feature.
• Should Have a Well Defined Plan
• Attorneys should be consulted in the construction of this plan
• The Plan Should Include the Following:
1. Identify a team within the company who will be responsible for dealing with site
visits and it should include people aware of immigration issues within the company
2. Inform the front desk staff that these site visits may be possible and that they
should know who to get when the officers visit. Generally, it is not a good idea to
have the receptionist answer questions when they may not have all the relevant
information.
3. Ensure that all relevant documentation is in order and within easy retrieval
4. Audit all files to ensure that they meet all regulatory requirements

6. Plan for Site Visits
• Prepare the Receptionist / Front Desk Staff for Site Visits
• The Front Desk personnel should know that such site visits may occur
• To ask for the Officer’s identification documents and to keep a record of that
• Who within the company they should inform as soon as the officer comes in
• Instructions that they should refer all questions to the relevant personnel within the
company and not to answer questions related to the visit
• Identify a Team For Site Visit Engagement
• Companies should identify a team of personnel who are present at the Corporate
offices to deal with such site visits and limit the interaction with the officer to Team
Member only
• This team should understand the type of documents that the ICE/ USCIS officer will
look for and the questions that they pose
• The team should include the signatory of petitions to the USCIS and also others in
the Human Resources team with access to personnel information
• Try to ensure that one member of this team is always present at the company offices

7. Ensure Documents Are Compliant
• Ensure that I-9 files and Public Access files are complete and up-to-
date.
• Periodically Audit I-9 and PAFs
• Create a Master List of all Personnel on Work Visas
• List should include names of personnel and other relevant details like names
of supervisors, work location, Labor Condition Application (LCA) number,
dates of validity and other relevant information, current status of application
(if relevant)
• Confirm that Personnel are Working at the Work Location Identified in
the LCA
• Ensure that all Amendment Petitions Have Been Filed (When
Required)

8. Know What to Expect
• The Officer may ask to speak with:
1. The signatory on the visa petition (or an employee of similar status)
2. HR Representatives
3. The Beneficiary
4. The Beneficiary’s supervisor
• The Officer will most likely have a copy of the employee’s visa petition during the
site visit
• Officer may also ask questions about the Business of the Petitioning Company
Including:
• What services the company provides
• What the annual revenues are
• The total number of personnel that the company has
• If the Company has engaged in recruitment of U.S. personnel it may be helpful to
present advertisements or other documentation to the officer
• At the End of the Audit (which may take weeks or months) the officer will issue an
“Administrator’s Determination letter.”

9. The Beneficiary’s Responsibility
• Know Your Petition in Detail
• Read it and understand it
• Common questions asked by an Officer may include:
1. What is the beneficiary’s education and previous work experience?
2. What is the beneficiary’s job title?
3. What are the beneficiary’s job duties?
4. What is the beneficiary’s salary?
5. How many hours does the beneficiary work?
6. Did the beneficiary pay any fees related to the cost of his/her visa petition?
• The Beneficiary may be asked to complete a questionnaire

10. Employees No Longer at the Work Location
• If the Officer asks about an employee who is no longer employed at
that particular work-site, the Petitioner should explain that the
employee has moved work locations and that either:
• A timely amendment petition was filed; or
• An amendment petition was not needed due to Simeio Rules (within intended
area of employment)
• If this is the case, the company should expect a follow up email,
which asks for the receipt number of the amendment petition, recent
paystubs for the employee, and additional information that the USCIS
deems relevant

11. Pertinent Information for Site Visits
• During the interview with the Beneficiary, the HR/ Petitioner
representative may request to be present
• However, the officer may request to speak to the beneficiary without the
company representative present
• The company representative may call the Attorney on the G-28 for
advice and to speak to the agent should there be any issues
• If the officer asks questions that the company representative needs
time to answer or needs to consult the attorney, ask for sometime to
revert back with answers
• It is important not to provide any incorrect information
• Site visits usually last approximately 15 to 60 minutes

12. Department of Labor Audits / LCA Audits
• Department of Labor Audits Are Serious and Require the Full Attention of a
Company
• Wage and Hour Division Has a Lot of Teeth and Has Enforcement Authority
Within its Purview
• Department of Labor Audits Are Also Part of the New Enforcement Action
• This Was Included in the April 3, 2017 Memo by the USCIS
• New Form for Complaints on H-1B Issues
• Form WH-4 under the Wage and Hour Division
• Many of These Audits Will be Triggered by Complaints from Internal
Employees

13. Labor Condition Application (LCA)
• The LCA (Form 9035/E) is Filed With the U.S. Department of Labor
• The Labor Condition Application Is a Critical Document That
Employers Are Expected to Adhere To
• The LCA Bounds Employers To:
• Wages to be Paid
• Benefits to H-1B workers that match employers’ other employees
• Work conditions – including place of employment
• Petitioners Should Understand LCA Requirements and Understand the
Simeio Rules and Their Application

14. DOL Audits: A Introduction
• Most DOL investigations begin with an initial audit letter from the U.S.
DOL officer
• Generally, the Wage and Hour Division of the U.S. DOL is the section
that investigates LCAs
• The State Governments’ (50 States) Departments of Labor may also
initiate this audit and share information with the Federal DOL
• The Office of Federal Contract Compliance (OFCCP) may also conduct
an Audit and share information with the Federal DOL
• It may be advisable to engage a lawyer at the outset of such audits

15. What Does an DOL/ LCA Audit Look For
• DOL Audit or LCA investigation will focus on, but not be limited to, the
following issues:
Wages - are the H-1B employees paid as per the LCA requirements?
Treatment - are H-1B employees being treated similarly to other employees?
LCA Compliance - has the company accurately completed the LCA? Is the H-
1B employee working in the same location listed on the LCA and under the
same job title?
Displacement and Recruitment issues - Is the employer H-1B dependent?
Has a U.S. worker been replaced by an H-1B employee? Did the H-1B
employer attempt to recruit an U.S. employee if they were required to do so?
Is the Public Access File properly maintained and accessible? Can the
employer immediately provide the required documents to an interested
party? Did the proper postings take place at the proper places?

16. What May DOL Audits Ask For
• Public Access Files including postings and certifications
• Payroll records including Federal and State Return Filings
• List of similarly situated U.S. workers and their wages
• Copies of H-1B Petitions
• Listing of differences in job duties between H-1B employees and non-
H-1B employees
• Listing of benefits and deductions for H-1B employees and non-H-1B
employees
• I-9 Files

17. Comply and Keep Records!
• Petitioning Companies Should Be LCA Compliant
• Companies Should Develop HR Policies in Conjunction with Immigration
Department to Ensure 360 Degree Compliance and Reduce Potential
Worker Complaint
• Companies Should Conduct Periodic Public Access Files and I-9 Audits
• Companies Should Have a System to Track When and Where H-1B
Employees Are Working and Whether They Meet Regulatory Obligations
• Companies Should Implement a System to Ensure When New LCA Filing
Requirements are Triggered by a Change of Work Conditions and/ or
Location and File an Amendment Petition
• Companies Should Ensure a Thorough and Compliant Record Keeping
Policy, Process and Procedure

18. DOL Audits Look To Expose Wrongdoings
• The Primary Purpose of DOL Audits is to Expose the Following:
• Willful failure to pay employees the required wages (and benefits)
• Failure to maintain public access files as per regulatory requirements
• If employers take retaliatory actions against employees bringing a complaint
against the employer
• Consequences of Wrongdoing Can Be Severe
• Civil Fines
• Criminal Fines and Incarceration
• Payment of back wages
• Termination of participation in H-1B program (debarment)

19. USCIS / DOL Audits – Keep Calm, Keep
Records and Be Compliant
• Do not fear
• Be informed
• Know the law
• Know your obligations
• Be compliant
• Keep meticulous records
• Law Firms are fully prepared to support our clients
• For example, USILAW has staff available to our client 24 hours a day during
the work week

20. THANK – YOU ALL
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The information presented in this presentation “How to Handle Site Visits from ICE and DOL Audits" is for information purposes only. This
information does NOT constitute legal advice, and should NOT serve as the basis for any legal decision by you. Please consult with an attorney
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21. Thank You