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I-9, H-1B and LCA Compliance

Pittsburgh, Pennsylvania Labor Compliance Attorneys

The Department of Labor and the United States Bureau of Citizenship and Immigration Services (USCIS) have increased efforts to promote and ensure I-9 compliance on the part of employers. Employers are responsible for making sure new employees accurately complete Section 1 of the I-9 form while providing original forms of identification within 3 days of starting employment as mandated by Section 2. Section 3 of the I-9 requires re-verification of an employee's status on or before the expiration date as indicated in Section 1. While employers are expected to have completed I-9 forms for employees, they are not filed with the government. Instead, employers are expected to keep all I-9 forms on record for at least 3 years after an employee is hired or one year after his or her employment ends, which ever comes later.

H-1B and LCA Compliance

New initiatives by USICE have placed heightened emphasis on employer’s who sponsor H-1B non-immigrants. USICE is routinely and randomly inspecting petitioning employers to ensure that they are compliant with all requirements under the H-1B regulations and resulting from their filing of a Labor Condition Application (LCA) on behalf of a nonimmigrant worker.

Under the H-1B and LCA regulations there are complex regulations relating to required wages, posting requirements, notice requirements and recordkeeping requirements. Failure to comply with each and every regulations can result in fines for each failure in compliance and can even lead to debarment from the H—1B program for an extended period of time.

Our attorneys have extensive experience with advising employers with regard to their obligations under the H-1B and LCA regulations to ensure full compliance with all applicable regulations. Rogers & Rogers has experience with auditing employers to assess where they stand as it relates to H-1B and LCA compliance and in preparing and implementing plans to bring employers into compliance.

For those employers who are currently facing review by USICE, Rogers & Rogers can help. We also have extensive experience with working with USICE, Wage & Hour, and DOL to resolve compliance concerns whether through negotiation or litigation or a combination of the two.

Complying with Labor and Immigration Law

As immigration and labor law evolve, more requirements and procedures are introduced. At Rogers & Rogers, our lawyers stay current on legislation and new requirements that impact employers and immigrants interested in working in the United States. If you have questions about I-9 compliance or would like more information about how labor law and immigration intersect, contact immigration attorneys at Rogers & Rogers today.

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Pittsburgh Office 1806 Frick Building 437 Grant St. Pittsburgh, PA 15219 Phone: 412.434.7500 Fax: 412.434.7544Charlotte Office 525 North Tryon Street Suite 1700 Charlotte, NC 28202 Phone: 704.372.7222 Fax: 704.331.3950