H1B employer-If Immigration comes knocking, what to do?

Last Updated on Monday, 25 January 2010 03:39 Written by admin Saturday, 12 December 2009 01:45

Immigration Service has been conducting fraud investigations and raiding H1b employers. One of the things, an H1b employer must do and have is Public access files.

H1b Employers must maintain public access files for each employee. Such files must be created within one working day after the day the LCA is filed with the DOL. The file must be maintained at the employer’s principal place of business or the place of employment.

The public access file must contain:

• A copy of the certified labor condition application;
• Documentation which provides the wage rate to be paid the H-1B nonimmigrant;
• A full, clear explanation of the system that the employer used to set the “actual wage” the employer has paid or will pay workers in the occupation for which the H-1B nonimmigrant is sought, including any periodic increases which the system may provide–e.g., memorandum summarizing the system or a copy of the employer’s pay system or scale;
• A copy of the documentation the employer used to establish the “prevailing wage” for the occupation for which the H-1B nonimmigrant is sought (a general description of the source and methodology is all that is required to be made available for public examination; the underlying individual wage data relied upon to determine the prevailing wage is not a public record, although it shall be made available to the Department in an enforcement action);