Key Reminders for Employers and Employees to Prepare for DHS Visits & Compliance for Work Visa Holders

As part of ongoing efforts to ensure immigration compliance, we would like to remind you of the importance of maintaining up-to-date records and documentation. The Department of Homeland Security (DHS) may conduct unannounced on-site visits, and having all required compliance materials readily available is essential to avoid potential visa revocation or fines.

Key Compliance Steps for H-1B and E-3 Employers and Employees:

1. Public Access Files (PAFs): Ensure that all H-1B and E-3 employees have compliant PAFs. Instructions were sent following the submission of the corresponding Labor Condition Applications (LCAs). These must be up-to-date and available for review at any time.

2. Wage Compliance: Verify that all H-1B and E-3 employees are being paid the required wage as stated in their LCA. This is a critical requirement for maintaining compliance.

3. Work Location Information: Confirm that all work locations for H-1B and E-3 employees are accurately listed on the LCA. This includes any changes in the work location that may occur during the employee’s tenure.

4. Documentation for Employees: Ensure that all H-1B and E-3 employees have a copy of their LCA and the supporting petition letter from their application. It’s important they are familiar with their job title and job duties, in case they are questioned by DHS officers. The LCAs have been previously emailed to both employers and employees. If the employee has lost their copy, please contact us immediately.

5. Supervisor Awareness: Supervisors of H-1B and E-3 employees should also have a copy of the LCA and supporting petition letter, and should be familiar with the employee's job title and duties.

6. Office Procedures for DHS Visits: In the event of an immigration visit, please ensure that your receptionist follows company protocol: ask for the official’s name and purpose, and immediately notify the HR or management team. It is crucial that everyone remains calm and organized during the visit.

Compliance for Other Visa Types (L-1, TN, O-1, E-2, etc.):

While L-1, O-1, E-2, and other visa categories do not require Public Access Files(PAFs) like the H-1B and E-3, many of the other compliance requirements are similar. These include ensuring that the employee’s job titles and duties align with their visa applications.

I-9 Form Compliance: Ensure that all employees, not just foreign nationals, have an updated I-9 form on file, showing their current work authorization. This is required for all employees, regardless of nationality.

We appreciate your attention to these important matters. Ensuring compliance is essential not only for the security of the visa holders but also for the continued smooth operation of your business. Should you have any questions or need assistance with any of these steps, please do not hesitate to reach out to us.

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