Companies offering IT consulting services in the U.S. through employees on temporary business and employment visas face heightened enforcement challenges under the new Trump Administration. Robust corporate immigration audit and compliance practices are essential to protecting ownership and investor interests from potentially catastrophic enforcement actions resulting in debarment from participation in all temporary and permanent visa sponsorship programs and government contracting and potential criminal prosecution for visa fraud.
This course will examine the regulatory compliance requirements governing the employment and utilization of H-1B, L-1, F-1/OPT/STEM, and B-1 visa holders from the perspective of U.S. enforcement authorities and potential civil and criminal penalties for compliance failures.
The course will also address how to prepare, recognize and respond to
- USCIS/FDNS inspections
- DOL/LCA audits
- DOJ/IER citizenship status discrimination investigations
- DOS/DS visa fraud investigations
- DHS/CBP inspection
- Hybrid/joint administrative
- Criminal investigations
Lastly, the course will address Form I-9 and E-Verify requirements relating to foreign workers holding temporary business and employment visas. This course is a must for executives and administrators responsible for the sponsorship, deployment and supervision of temporary visa holders working in the United States.
Learning Objectives:
- Learn the efforts that should precede LCA execution and filing to avoid fraud claims
- Learn how to map beneficiary qualifications and job requirements to the DOL prevailing wage scale
- Learn how to comply with the H-1B/LCA notice posting requirements at third party work sites
- Learn how to avoid the major pitfalls in complying with the H-1B/LCA required wage payment obligation
- Learn how to comply with the H-1B/LCA dependent employer attestation requirements
- Learn how to structure and populate a compliant LCA public access file
- Learn how to structure the H-1B/LCA compliance data base in advance of a DOL audit
- Learn what constitutes appropriate and inappropriate activities for B-1 visa holders
- Learn how to properly complete and update Form I-9 for foreign temporary workers
Course Benefit:
- Realistic assessment of the current U.S. immigration enforcement environment and legislative/regulatory change agenda.
- A comprehensive review of US law and regulation governing the employment of foreign temporary professional workers, international managers and specialized knowledge transferees, foreign students in OPT/STEM status, and foreign business visitors.
- How to design and implement of effective corporate immigration audit and compliance program.
- How to detect and survive a U.S. immigration enforcement investigation.
- How to structure and maintain an effective corporate Form I-9 compliance program.
Areas Covered:
- H-1B/LCA notice and wage payment attestation regulations
- H-1B/LCA dependent employer affirmative recruitment and non-displacement attestation requirements
- LCA public access file paperwork maintenance rules
- Restrictions and prohibitions on L-1B work at third party work sites
- F-1/OPT STEM E-Verify Requirements
- Appropriate and inappropriate (local employment) B-1 activities
- Readiness protocols for H-1B/LCA compliance and enforcement audits
- Readiness protocols for unannounced USCIS/FDNS fraud detection site visits
- Correcting H1-B/LCA attestation compliance lapses prior to inspection
- Benefits of an internal whistleblower complaint and anti-retaliation policy for detecting and correcting compliance errors and omissions
- Civil and criminal penalties for immigration mismanagement and fraud
Who will Benefit:
This seminar will benefit to HR/global transfer administrators who are responsible for negotiating U.S. consulting and IT outsourcing agreements, recruiting and selecting employees for work in the United States, preparing visa sponsorship applications and petitions, supervising U.S. temporary visa holders, and overseeing U.S. immigration audit and compliance programs. Below titles will also benefit from this seminar:
- Managers and Executives
- Legal Professionals
- Client Engagement Managers
- Recruiters
- 8:30-8:45 Meet & Greet
- 8:45-10:00 Overview of the Trump Administration's Immigration Work Site Enforcement Scheme
- Driver - Job Outsourcing and Displacement of U.S. Workers
- Enforcement Focus - H-1B/LCA Notice Posting Requirements, LCA Job Category Misclassification and Wage Fraud Violations of the 2004 L-1B Reform Act, B-1 Fraud Violations to Circumvent the H-1B Cap, Failure to Comply with the F-1/OPT-STEM Training Requirements
- Tactics - Multiple Agency Involvement, Data Mining, Under Cover Investigation, Wired Informants, Whistleblower Complaints
- 10:00-11:00 The H-1B/LCA Compliance Basics
- LCA Pre-Filing Investigation Requirements
- Preparing and Maintaining the LCA Public Access File
- H-1B Dependent Employer Recruitment and Non-Displacement Attestation Requirements
- 11:00-12:00 Compliance with the 2004 L-1B Immigration Reform Act
- Prohibition on Unsupervised Third-Party Work Site Placements
- Common Pitfalls
- Maintaining & Documenting Supervisory Control
- 12:00-1:00 Lunch
- 1:00-2:00 B-1 Fraud Claims
- Authorized and Unauthorized B-1 Activities
- Consular and Port of Entry Fraud
- Whistleblowers, Conspiracies & The False Claims Act
- IRCA Penalty Exposure
- U.S. v. Infosys Technologies: Investigation and Settlement Agreement Terms
- 2:00-3:30 The Anatomy of a DOL LCA Complaint/Enforcement Investigation
- LCA Complaint Categories
- Scope: Document & Information Production Demands
- Wage Auditing, Benching, & Unauthorized Deductions
- DOL Determination Letter: Penalty Provisions and Appeals
- 3:30-4:30 The Anatomy of an FDNS Site Visit & Status Investigation
- Management Interviews
- NIV Worker Interviews
- Follow-up Investigation and Adverse Consequences
- 8:30-9:00 Meet & Greet
- 9:00-10:00 The Anatomy of a DOJ/IER Citizenship Status Discrimination Investigation
- Complaint Driven versus Directed Investigation
- Scope: Intentional Discrimination in Hiring & Termination
- Document & Information Production Demands - Subpoena Authority
- Management Interviews
- Time Lines & Determinations
- Settlement Agreements versus Litigation
- 10:00-11:00 Reverse Discrimination Liability Risks
- EEOC Jurisdiction - National Origin Discrimination Complaints
- Private Party Class Action Lawsuits - Title VII, Section 1981 & Civil RICO Claims
- Risk Management Strategies
- 11:00-12:00 ICE I-9 Audits, Violations & Penalties
- Triggers for Investigations
- Notice of Inspection - Document & Information Production Demands
- Typical Violations - NIV Worker I-9s
- Notice of Intent to Fine -- Calculating Penalties
- Self-Auditing and Correction Tips
- 12:00-1:00 Lunch
- 1:00-1.45 Core Elements of The Effective Corporate Immigration Compliance Plan
- Board Ownership and Oversight
- Senior Executive Commitment & Accountability
- Adequate Funding & Staffing
- Training & Auditing Functions
- Whistleblower Protection Program
- Effective Deterrence Measures
- 1:45-2:30 Proposed NIV Legislative Reforms
- New H-1B Priority Allocation Scheme
- New H-1B Dependent Employer Exemption Level
- Prohibition on Liquidated Damage Clauses for Early Termination
- Revised Prevailing Wage Calculation Methodology
- Authorization of Information Sharing Between USCIS and DOL Regarding Perceived LCA Violations
- "50-50" Provision Limiting the Number of H-1B Workers Employable by H-1B Dependent Employers
- Establishment of a Wage Floor for L-1 Workers
- Narrowing the Definition of L-1B Specialized Knowledge
- 2:30-4:30 Interactive Crisis Management Exercises - Hypothetical Immigration Fraud Investigation
- Hands-on exercise involving typical DOL/DOJ immigration fraud fact patterns
- Participants will be given the opportunity to play the roles of government investigators and company officials and representatives in hypothetical situations involving H-1B/LCA notice posting and wage violations, unauthorized B-1 use, L-1B third party work site violations
- Participants will critique each other's performance and identify suggestions for improvement
Mary E. Pivec, Esq.
Managing Principal at Pivec & Associates, PLLC
For more than 30 years Mary E. Pivec has counseled employers dealing with government regulations, investigations and enforcement actions. Mary holds an AV Preeminent Martindale Hubble peer review rating and is recognized as one of the most experienced and knowledgeable attorneys in the U.S. in the field of immigration-related work site enforcement and compliance.
She has represented employers in over 100 Form I-9 inspections, immigration-related discrimination investigations, and OCAHO proceedings, has testified as an expert on I-9 compliance and immigration-related discrimination claims in civil and criminal litigation, and has trained and counseled hundreds of managers and human resource officers on immigration compliance issues.
Mary also represents employers in DOL H-1B/LCA enforcement audits and in appeal proceedings before DOL administrative law judges and the Administrative Review Board. Mary is a 1981 graduate of the University of Maryland School of Law and practices with the firm of Pivec & Associates, PLLC, located in northern Virginia. She is a Fellow of the American Bar Association College of Labor and Employment Attorneys and has been listed in Best Lawyers in America in the field of Immigration Law since 1990. Mary was elected nationally and served nine years on the AILA Board of Governors. She has also served nine years and on numerous AILA liaison and advisory committees over the past 34 years and is a frequent speaker at AILA national, regional and chapter conferences.
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