Why Compliance Audits Are Crucial for Arkansas Companies Hiring on Employment Visas
Hiring employees through employment-based visa programs can give a company access to workers with valuable skills and experience. At the same time, employers take on specific responsibilities involving immigration paperwork, wages, work locations, and recordkeeping that can create problems when requirements aren't followed consistently.
For an Arkansas company, an internal compliance audit can provide an opportunity to review these obligations before a government inspection or employee complaint brings attention to a problem.
At PVB Law LLC, our employment visa lawyer can help identify documentation gaps, review employment practices, and address potential issues before they become more serious.
We help employers address immigration-related employment matters and review compliance concerns involving visa workers. Reach out to us to discuss your company's compliance needs.
Reviewing Immigration and Employment Records
Employment visa compliance involves more than keeping a copy of a worker's visa documents. Employers need to maintain records that support the worker's authorized employment and, depending on the visa category, comply with additional requirements tied to the position and workplace.
Federal law requires employers to complete Form I-9 for employees and verify identity and employment authorization. Government agencies, including the Department of Homeland Security, Department of Labor, and Department of Justice's Immigrant and Employee Rights Section, can inspect I-9 records under applicable circumstances.
A compliance audit can examine whether records are complete, accurate, and being maintained properly. Common areas for review include:
Form I-9 records: Check that required forms were completed and retained according to applicable requirements.
Visa documentation: Review documents supporting the worker's current employment authorization and status.
Employee information: Confirm that records are consistent across immigration, payroll, and personnel files.
Expiration dates: Track documents and authorization periods that require future action.
Worksite information: Compare the employee's actual location with the information used in the applicable immigration filings.
Finding a documentation issue during an internal review allows the company to address it. Our immigration lawyer can help determine which records need attention and what corrective steps are appropriate.
Checking H-1B Wage and LCA Requirements
For companies employing H-1B workers, compliance can involve requirements under the Department of Labor's Labor Condition Application program. Employers must maintain an LCA with accurate information and comply with wage and working-condition obligations associated with the H-1B position.
The required wage generally must be at least the higher of the actual wage paid to similarly qualified workers or the applicable prevailing wage. Employers also have obligations involving working conditions, employee notification, and access to certain records.
An audit can help a company compare its current practices with the information contained in its immigration filings. Important areas include:
Wage rates: Compare the worker's current compensation with the required wage.
Job duties: Review whether the employee's actual position matches the occupation described in the filing.
Work location: Confirm that the employee is working at a location covered by the applicable LCA or that required steps were taken when circumstances changed.
Employee notice: Review records showing that required LCA notice was provided.
Public access files: Confirm that required H-1B documentation is being maintained and made available as required.
These reviews can uncover discrepancies that aren't obvious during ordinary payroll or human resources reviews. Our employment visa compliance lawyer will help evaluate whether a discrepancy requires correction or additional action.
Maintaining Required Visa Records
Recordkeeping is another area where a company's practices can drift over time. Documents can be misplaced, employees can change positions, or business locations can change without the immigration records receiving the same attention.
For H-1B workers, employers must maintain specific records concerning wages, hours, benefits, and other employment information. Employers also have public-access requirements involving the LCA and supporting documentation.
A compliance audit can examine whether the company's records tell a consistent story. This can include checking:
Public access files: Confirm that required H-1B documents are available at the appropriate location.
Payroll records: Compare compensation and hours with applicable immigration requirements.
Benefits information: Review whether required benefits and working conditions are being provided.
LCA records: Check that supporting documentation remains accurate and properly maintained.
Retention practices: Confirm that records are being kept for the required periods.
Regular reviews can also help companies establish consistent internal procedures rather than addressing each visa matter separately. Our experienced lawyer can provide guidance on recordkeeping practices and help address problems identified during an audit.
Identifying Problems Before an Investigation
A compliance audit isn't simply a paperwork exercise. It allows an employer to discover issues before they become the subject of a government investigation, employee complaint, or other dispute.
The Department of Labor can investigate certain H-1B violations when it receives specific credible information that meets the requirements established by federal law.
Companies can reduce uncertainty by taking a proactive look at their practices. An internal audit can reveal issues such as outdated records, inconsistent wage information, missing documentation, or differences between an employee's actual position and the terms of an immigration filing.
The findings can then be reviewed to determine what action is appropriate. Our employment visa compliance lawyer will help a company assess identified concerns, prioritize corrective measures, and develop procedures for future visa-related employment matters.
Protecting Your Company With an Employment Visa Compliance Lawyer
Compliance audits can give Arkansas companies a structured opportunity to review how they handle employment visa workers. Checking immigration records, wages, work locations, LCAs, and required documentation can help identify problems before they lead to a larger dispute or government inquiry.
PVB Law LLC helps employers address immigration compliance concerns and employment visa matters. We serve clients in Atlanta and Augusta, Georgia, and can assist businesses with reviewing their practices and addressing potential compliance issues. Contact us today to discuss an employment visa compliance audit for your company.