DOL to Ramp Up Audits of H-1B Employers

The following article was first published on Shipman & Goodwin’s Employment Law Letter. It is reposted here with permission.

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The U.S. Department of Labor has announced a new initiative (“Project Firewall”) to enhance, and likely increase, the overall number of investigations for H-1B program compliance.

While we do not have any more specific information at this time, employers with any sponsored H-1B workers should be aware of the increased risk of a site visit or other inquiries from the DOL pertaining to H-1B workers. 

To prepare for a potential DOL investigation, employers should ensure to proactively review their Labor Condition Application Public Access Files for compliance, and H-1B employee salaries should be reviewed against prevailing wage requirements from the applicable LCA.

Employers should also generally check to ensure that the H-1B petition for each sponsored employee is properly up to date to reflect the worker’s current position and worksite location(s).

Employers should check to ensure that the H-1B petition for each sponsored employee is properly up to date.

Any discrepancies should be raised with an immigration attorney immediately to assess any required action.

An immigration attorney can also help conduct the necessary internal reviews for compliance.

Per DOL’s announcement, “Violations may result in the collection of back wages owed to affected workers, the assessment of civil money penalties, and/or debarment from future use of the H-1B program for a prescribed period of time.”

Moreover, DOL confirms that it will be coordinating with other government agencies by sharing information from these investigations “to combat discrimination against American workers and ensure the law is properly enforced by leveraging the full force of the federal government.”

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About the author: Nina Pelc-Faszcza is an attorney with Shipman & Goodwin, representing a wide range of employers—including healthcare organizations, educational institutions, biotech companies, manufacturers, and financial institutions—on employment-based immigration issues.