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  • Article: 5 Pro-Active Steps Employers Can Take to Prepare for Trump Administration’s “Buy American, Hire American” April 18, 2017 Executive Order By Richard Yemm

    5 Pro-Active Steps Employers Can Take to Prepare for Trump Administration’s “Buy American, Hire American” April 18, 2017 Executive Order


    Following the most recent executive order from President Trump, it is more and more apparent that we are entering an era of ever-increasing emphasis on Corporate Immigration Compliance and Enforcement. This will be sure to include additional requests for evidence on petitions, audits and unannounced workplace site-visits by the USCIS Fraud Detection and National Security Directorate (FDNS).

    Here are five pro-active steps U.S. employers can take to ensure they are prepared for this increased scrutiny by USCIS and FDNS:

    1. Designate in advance which employer representative will handle FDNS site visits – and a back- up in case the primary contact is unavailable.
    1. Inform other staff members that they are not authorized to answer questions and should refer any investigators to the designated/responsible person in particular, front desk/reception employees as these are often the first point of contact with an FDNS officer.
    1. Ensure you are familiar with the contents of petitions filed with USCISboth prior to filing and following approval. You must be an active participant in the process or risk being on the line for misrepresentations. Ideally, you should have easy access to copies of the petitions so you can re-familiarize yourself in the event of a visit or questions.
    1. Ensure supervisors of H-1B/L-1 employees know that they must update the primary contact person in the event of ANY changes to terms and conditions of employment – minor changes such as salary increase/some promotions may not require a new petition but changes in location, hours, job duties, can require an amendment to be filed to ensure compliance.
    1. Conduct an Internal Form I-9 Audit – this deceptively simple form can lead to hefty civil fines and even criminal charges. Better to be pro-active and conduct an internal I-9 audit to identify problems and issues and show good faith efforts to comply before you receive a knock on the door from auditors.

    It is critical that U.S. employers are in compliance with all U.S. immigration laws and regulations and are up-to-date regarding USCIS’ most recent policies. Should you wish to consult with a Wolfsdorf attorney to prepare for FDNS site-visits, please contact us at visalaw@wolfsdorf.com or 1-800-VISA-LAW.

    This post originally appeared on Wolfsdorf Immigration Law Group. Copyright © 2017 Wolfsdorf Connect - All Rights Reserved.

    About The Author

    Richard Yemm Richard Yemm is a partner in the Los Angeles office and is admitted to practice law in both California and New York state. He is certified by the California State Bar as an Immigration and Nationality Law Specialist. Having graduated with honors from the University of Exeter School of Law in the United Kingdom, he prepares and assists clients with a wide range of diverse cases including entertainment, investor, business and marriage/family-based non-immigrant and immigrant visa petitions, in addition to applications for U.S. citizenship and assisting with corporate I-9 compliance audits. Mr. Yemm’s practice also focuses on analysis of immigration consequences of U.S. and foreign criminal convictions and immigrant and non-immigrant waivers of inadmissibility, where he has successfully overturned grounds of inadmissibility at numerous embassies and consulates around the world. In addition, he has successfully represented clients in removal proceedings in both the Los Angeles and San Diego immigration courts and is currently serving as the CBP Liaison for the Southern California Chapter of AILA.

    The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.

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