Many employers believe that once they have received the proper approvals from the various agencies involved in governing our immigration system, they are free to enjoy the services of the foreign national, without further government inquiry. Unfortunately, government review and oversight do not end when the employer’s application or petition is approved. More and more, government agencies are conducting audits and reviews of approved applications to ensure employers are complying with the rules and regulations applicable to the visa category. This article will discuss this new trend.
To onboard the foreign national employee, whether full-time or just part-time, the employer must first make a filing with the appropriate government agency and have the application approved before the foreign national can commence employment, with few exceptions. Many times, the governing agency will be the former Immigration and Naturalization Service (INS), known as the U.S. Citizenship and Immigration Services (USCIS). However, for some visa categories, such as the J-1 visa for interns and trainees, the governing agency is the Department of State. Moreover, the Department of Labor is oftentimes involved as well, in its capacity to protect the U.S. work force and analyze American labor market conditions.
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