Investigation

The clear trend in U.S. immigration is toward increased focus on employer compliance and workplace investigations with the goal of enforcing this compliance. Significant resources have been allocated by the federal government to, at times, aggressively enforce immigration laws and regulations directed at employers.

Increasingly, employers are targeted for audits, site visits, and investigations. Employers caught unprepared potentially face substantial fines and other penalties. More extreme cases have resulted in criminal prosecution. These government investigations are conducted by the U.S. Department of Labor (DOL), U.S. Immigration and Customs Enforcement (ICE), and the U.S. Citizenship and Immigration Services’ Fraud Detection and National Security (FDNS) office.

Cautious and forward-thinking employers are proactive regarding establishing procedures for immigration compliance. They conduct internal audits to ensure that meaningful immigration compliance is in place. These internal audits allow employers to uncover and address errors or omissions. This good faith effort to comply and address problem areas prior to any government investigation can help reduce potential liabilities. Many employers mistakenly assume that their long-standing practices are compliant with the current maze of regulations they must follow, simply because they have never been investigated. In this environment of increased enforcement, employers must take precautions to ensure that they are in compliance with immigration laws.

How We Can Help You

  • The Murthy Law Firm, can consult with employers and their representatives to determine whether existing corporate policies meet the requirements set forth in U.S. immigration law.
  • Our attorneys advise companies on how to address requests from DOL, ICE, and FDNS agents and on when cooperation with federal inquiries is required or advisable.
  • We are available to conduct internal audits of companies of all sizes to determine whether H1B, PERM, and I-9 records comply with federal regulations.
  • We have specific experience in assisting employers in determining whether they have any of the common violations related to H1B workers. This includes: potential unpaid wage obligations stemming from benching, delayed employment or misclassification of H1B workers, or the failure to pay the proper prevailing or required wages.
  • When necessary, we defend employers under investigation by the federal government for immigration violations. We file and litigate administrative appeals with federal agencies. When violations have occurred, we strive to negotiate resolutions that are consistent with the interest of the business and permit operations to continue in a compliant fashion.
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