• Employers Must Prepare For Increased H-1B, L-1, and I-9 Inspections
  • October 20, 2009 | Authors: Frances P. Rayer; Christopher R. Thorn
  • Law Firm: Buchanan Ingersoll & Rooney PC - Philadelphia Office
  • Although President Obama has recently indicated that comprehensive immigration reform is likely to be on the back burner until 2010, it's clear the administration plans to continue focusing on employers' immigration compliance. In recent months, we've seen the Department of Homeland Security (DHS) and the Department of Labor (DOL) increase their investigations of employers hiring foreign national workers. On July 1, 2009, in response to DHS' announced shift in enforcement strategy, U.S. Immigrations and Customs Enforcement (ICE) issued 652 Notices of Inspection (NOIs) to conduct Form I-9 audits of businesses across the country; just 503 notices were issued to employers in all of 2008. Around the same time, U.S. Citizenship and Immigration Services (USCIS) announced it was using contract inspectors to perform thousands of "random," on-site inspections of H-1B and L-1 employers to identify fraudulently filed H-1B and L-1 petitions.