Under the Federal Acquisition Regulation (FAR), September 8, 2009, is the effective date for certain federal contractors to begin using E-Verify to confirm that their employees are authorized to work in the United States. Although the new rule will apply to many federal contracts, there are broad exemptions and limitations.
Continue Reading...On August 21, 2009, the Department of Labor (DOL) issued a bulletin discussing the interaction between the H-2B visa program and the Fair Labor Standards Act (FLSA). After an extensive review, and under its wage and enforcement authority, the DOL has concluded that employers are responsible for paying both transportation and visa expenses of their H-2B workers, since these are "primarily for the benefit of the employer". A copy of the bulletin can be found here.
U.S. Citizenship and Immigration Services (USCIS) has engaged outside contractors to conduct thousands of site visits to petitioners, including companies that have sponsored employees in H-1B, L-1 or O-1 status. Typically, the site visits are conducted after approval of the petition. The investigators may arrive unannounced at the work site, or call the company ahead of time to plan a time to visit the company office or facility. According to information provided by one such investigator, the purpose of the site visit is to verify that the company is a real operating business entity, and that the person sponsored in the petition is actually employed by the company in the manner described in the petition. Hunton & Williams clients should contact us immediately if your company is the target of such an investigation, so we can coordinate the process and assist with satisfying any legitimate requests by the investigator.
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