The Trump administration’s harder stance on immigration enforcement raises concerns among organizations with H-1B employees. The possible increase in H-1B denials coupled with the increasing uncertainty has many current and prospective recipients worrying about their future. Here are some actions businesses can take to support H-1B employees.

  • Employers must remain in full compliance with the U.S. Department of Labor (DOL). While H-1B applications are made by potential recipients, Employers must submit must have the DOL certified a Labor Condition Application (LCA). The DOL will only accept a thorough record of employee paystubs as proof of compensation. The pay stubs must reflect the required wage, and the pay schedule identified by the LCA. Failure to comply with these requirements will result in the cancellation of the beneficiary’s H-1B visa.
  • Employers should notify the related government agencies if there are any material changes to the relationship between the employer and the H-1B recipient. Developments such as changes in the worksite or differences in the recipient’s salary count as material changes. Complying with these guidelines will minimize the chances of sponsorships being terminated.
  • Employers must be aware of the sponsored recipient’s efforts to file for an extension. Notifying the correct government agencies of any material changes is key factor immigration agencies pay attention to when considering H-1B extension approval.
  • Properly preparing for DOL investigations can greatly minimize the chances of H-1B beneficiaries having their status revoked. Employers can prepare by keeping excellent records of employment and pay, preforming periodic audits of each H-1B employee’s paystubs, and reporting any changes to the H-1B recipient’s employment to U.S. Citizenship and Immigration Services (USCIS).

As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical.

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