Posted by: istamitra February 24, 2009
Immigration Enforcement Sweep Against H-1B Violators and Undocumented Aliens
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After the news of those eleven people who were arrested an indicted by the federal prsoecutor in Iowa there are growing reports that the U.S. Department of Labor is reinforcing the worksite visits to enforce the H-1B labor condition application compliance.... Please be alert and make sure your employer is compliant!


  • There are growing reports that the USICE is reinforcing its raids on the sites of farm-related unskilled foreign worker employers to arrest undocumented aliens. There are also growing reports that the U.S. Department of Labor is reinforcing the worksite visits to enforce the H-1B labor condition application compliance. It appears that they are targetting particularly the small and medium-size IT consulting businesses. It should be taken as a critical alert for these businesses. The employers hiring H-1B employers should be more mindful of the in-house compliance system which should include the LCA compliance system as well as I-9 compliance system.
  • The fact that these enforcement activities are intensifying, particularly by the DOL, when the Secretary of Labor has yet to be appointed, may indicate that the Obama administration is pushing such immigration law enforcement actions to accomodate the anti-H-1B program legislators and Republican legislators against illegal farm workers as well as to solicit support for the Administration's economic and financial stimulus and bailout programs under the growing deterioration of the nation's economy and rising unemployment rate. The forecasted unemployment rate is 10% in the near future! The nation's economy is still far from the economic depression of 1920s but gradually moving toward that direction with the accompanying widespread fears in the public. "Buy-American" policy and H-1B restriction policy against the TARP-funded employers, together with the ongoing reenforcement of immigraion violation law enforcement at both the DHS and DOL levels reflects changing environment against foreign workers and foreign trade competitors. Potential next target may include growing outsouring of the businesses. Report indicates that along with the rising unemployment rate in the country and hostile environment for the employers to hire their required foreign workers have induced the leading companies to outsource the businesses and this news has been receiving increased concerns and attention by the policy makers and public. Outsourcing services should be prepared against a potential forthcoming legislative and government action.
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