Both ICE and DOL have substantially increased their Audits and Inspections of Employers' I-9 files and reportedly physician employers have received a fair number of I-9 Inspection Notices. It is crucial that employers have their Public Access, I-9 records and related personnel records audited by an expert immigration attorney before an inspection notice arrives. If a pre-audit is not conducted, then it is essential that expert immigration counsel be contacted before the employer turns over records and meets with DOL or ICE officials. That is our advice to the innocent! Any public or private person or entity can lodge a complaint with DOL or ICE and effectively cause great expense and anxiety to employers and H-1Bs.
It is a mistake to believe that wage and I-9 issues are the employer's problem, because if an employer is found to have innocently or inadvertently run afoul of the DOL or USCIS regulations, the H-1B worker is likely to lose their job and become deportable. Thus, although DOL and ICE claim they are there to protect the H-1B, when the H-1B worker is victimized by losing their job, DOL is not around to help.
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