The recent years have witnessed an increase in the importance of compliance and if we consider US immigration compliance, its importance multiplied tenfold. This is because US agencies are all set to increase the audits and inspections to detect and eliminate fraud from the immigration system. Though an audit or inspection to your organization doesn't immediately mean that you are at fault, but failure in providing the requested information will make you one. This will further lead to huge penalties and sometimes even debarment.
Assuring US Immigration Compliance is the only way to rule out penalties. Though it seems as a challenging task for the employers, proper guidance in the right direction will make compliance attainable. The primary criteria for immigration compliance is eliminating the major mistakes employers make due to lack of awareness on the process. OnBlick helps you in understanding the US immigration process, making you aware of all the rules and regulations. This will further guide you in completing all the processes in time and according to the USCIS/ICE standards.
Here Are The 5 Common Mistakes You Are Making in US Immigration Compliance & How to Avoid Them
- Improper SOC code & Prevailing Wage:
Your primary step in hiring an employee is to assign a proper SOC code for the job and then choose the required wages. In contrast, this is also the primary reason for receiving an RFE according to USCIS. This is because of the employers who are committing a mistake in assigning the SOC codes. They are more inclined towards assigning a code rather than a correct one.
These incorrect codes which are the basis for prevailing wage results in choosing an incorrect prevailing wage. OnBlick's SOC predictor helps you in understanding the requirements for the job. It assigns a right SOC code and recommends the appropriate wage level for better approval chances. This will avoid RFEs and penalties.
- Failure in Completion & Retention of Form I-9:
Most of the employers are not even aware of the 3-day rule for completion of the Form I-9. All the employers and employees must complete this Form within 3 days from the start date of employment and retain it.
Employers are also responsible for presenting this form to the officer during an audit along with the supporting documents. But most of the employers fail in doing so, because of missing deadlines during completion or retention of the form.
That would not be an issue anymore. OnBlick reminds you about the timelines for completion of the Form I-9 according to USCIS/ ICE standards along with electronic retention. This will make your Form I-9s easily available during audits. Assigning a supervisor for your remote employee is now a single step process.
- Delay in Creating a Public Access File (PAF):
As an employer hiring non-immigrants, you should create a PAF as soon as you file the Labor Condition Application to the Department of Labor. After the creation of PAF, it should be available in the principal location of the employer or the location specified for employment. Anyone from the public can request this PAF, which should be provided within 3 days from the date of request.
But employers are facing a hard time in assimilating the required data from authentic sources leading to incorrect information in PAF. This leads to data discrepancy and compliance failure.
OnBlick can be your savior. It automatically creates a PAF once you upload a certified/Inprogress LCA in the system. It integrates data from genuine sources like O*NET, FLC Data center and ICert Registry Portal. You can retain these Public Access Files for accessing during inspections or on public request.
- Failure in handling FDNS (Fraud Detection & National Security) Site Visits:
- FDNS site visits are mostly unannounced. During this visit, the officer can inquire you or your employee about the organization, work location or the wages. Some employers find it hard to handle these FDNS site visits, as they are random and there is no awareness of what an officer can ask. So, they approach their attorneys for assistance. But there are certain cases where attorneys panic during these visits and hence provide incorrect information to the officer.
The first step in preparing for a site visit is to make sure that all your employees are well aware of their roles and work accordingly. OnBlick helps you in preparing for these site visits, as it maintains all the documentation related to H-1B under one system. Along with these easily accessible documents, OnBlick also provides a questionnaire that would guide and prepare you for the FDNS site visits.
- Failure in complying with the Immigration Laws:
The ever-changing immigration rules act as a major barrier to ensure an organization’s compliance. Many employers are unaware of the reformations and follow the existing regulations in completing their immigration process.
So, did you come across any mistake which impacted your organization's compliance? If you did, this is the time you take a step towards assuring US Immigration compliance.
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