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Employers: Be Prepared for Increased Audits from Department of Labor

Posted by Kripa Upadhyay | Jun 06, 2017 | 0 Comments

Department of Labor has today announced their intention to conduct sweeping audits against employers who hire foreign national employees on H-1B and other visa types, see here: https://www.dol.gov/newsroom/releases/opa/opa20170606

Please make sure that all of you have:

1. Public Access Folders for ALL current H-1B employees

2. Properly completed and maintained form I-9 for each employee irrespective of whether or not they are US Citizens/“Green card” holders.

3. Are in compliance with your State's Wage and Labor laws

I-9 penalties were raised significantly in 2016; consequently, the current cost of having errors on Form I-9 or not being complaint are as follows:

Form I-9 Paperwork Violations: Previous fine per Form I-9 violation: $110 to $1,100 Fine effective August 1, 2016 per Form I-9 Violation: $216 to $2,126 Unlawful Employment of Unauthorized Workers: First Offense Previous fine, per worker: $375 to $3,200 Fine effective August 1,2016 per worker: $539 to $4,313 Second Offense Previous fine per worker: $3,200 to $6,500 Fine effective August 1, 2016, per worker:$4,313 to $10,781 Subsequent Offenses Previous fine, per worker: $4,300 to $16,000 Fine effective August 1, 2016, per worker: $6,469 to $21,563 Unfair Immigration-Related Practices First Order Previous fine, per worker: $375 to $3,200 Fine effective August 1, 2016, per worker: $445 to $3,563 (however repeat offenders could face a new maximum penalty of $21,563 per worker.) These fines also increase per subsequent order and frequent offenders may face a maximum fine of $17,816 per worker.

Unfair Immigration-Related Practices – Document Abuse Previous fine, per individual:$100 to $1,100 Fine effective August 1, 2016, per individual: $110 to $1,100

I strongly recommend that in this heightened audit environment that all employers conduct internal I-9 audits. I realize that this may be more money than some of you are able to/ want to spend, but the costs of not being in compliance are excessive. I strongly urge you to please consider this as a safety mechanism to ensure you are compliant. Please call us if you have questions regarding timelines and costs of an internal audit. We would be happy to work with you.

About the Author

Kripa Upadhyay

Kripa Upadhyay Founder/Attorney [email protected] EDUCATION Seattle University School of Law, Seattle, WA, Juris Doctor (JD)  May 2007 ADMISSIONS Washington State Bar Association: Admitted May 2008 U.S District Court for the Eastern District of Washington: Admitted 2009 U.S...

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