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H-1B Investigations and Penalties

In: How To Secure Your H-1b Visa

Author

Listed:
  • James A. Bach
  • Robert G. Werner

Abstract

Audits and investigations to ensure the integrity of the H-1B program are conducted (1) by the Wage and Hour Division (WHD) of the Department of Labor (to ensure compliance with the Labor Condition Application regulations) and (2) by the Fraud Detection and National Security (FDNS) unit of USCIS (to prevent fraud in the H-1B petition process). Other agencies such as Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) can also become involved. Of these two types of H-1B investigation, by far the more difficult and potentially dangerous for the employer is the LCA audit by the DOL’s Wage and Hour Division.

Suggested Citation

  • James A. Bach & Robert G. Werner, 2013. "H-1B Investigations and Penalties," Springer Books, in: How To Secure Your H-1b Visa, chapter 0, pages 89-96, Springer.
    • Handle: RePEc:spr:sprchp:978-1-4302-4729-6_9
    DOI: 10.1007/978-1-4302-4729-6_9
    as

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