Government Audits and Enforcement Actions

The three most common type of audits are:

• Employer Form I-9 Audit by U.S. Immigration and Customs Enforcement (“ICE”) to confirm every employee has authorization to work in the United States.  ICE will review every Form I-9 to make sure the form is properly completed, compare with payroll records, and interview employees on-site (or on payroll) to make sure everything matches up. Civil penalties are imposed for violations.  Such an audit could happen to any employer regardless of whether the employer hires a lot of foreign nationals.  

• Labor Condition Application (“LCA”) Audit by U.S. Department of Labor’s Wage and Hour Division. Only employers that hire foreign national workers in H-1B(1) and E-3 status face a possible LCA audit.  These audits seek to make sure that the posting and attestation requirements for the LCA have been followed, and that the wages provided on the LCA are being paid. The DOL reviews the Public Access Files in support of each LCA.

• Hiring Practices Investigation by U.S. Department of Justice.  These are less an audit and more of an investigation into an employer’s hiring practices.  An employer can be charged with discriminating against US workers where there is a pattern or practice of preferring workers of a certain nationality over Americans.

We help employers organize and manage their immigration compliance programs, including best practices for completing and maintaining the Form I-9s, and Public Access Files.  We also review interview questions to minimize exposure.  

If you are an employer facing an audit or investigation, we can help you respond effectively to the government.