New Relationship Between DOL and DHS May Prompt Audits

The relationship between the Department of Labor (DOL) and Department of Homeland Security (DHS) is about to become much stronger. 

On July 31st, the Department of Labor (DOL) released a statement that it has entered into a Memorandum of Agreement (MOA) between the Department of Homeland Security (DHS), acting through U.S. Citizenship and Immigration Services (USCIS). Under this MOA, the departments will share information obtained from immigrant and nonimmigrant petition records through USCIS, as well as labor certification (PERM) and labor condition application databases (H-1B, H-1B1 and E-3).

So what does this mean? The MOA focuses on reviewing this data to combat fraud and abuse in order to improve the working conditions of foreign workers. With this update, both departments will work much more closely together, and will likely review LCA and PERM filings for consistency. In turn, we expect additional audits and investigations to result from this relationship. 

Recommended Actions for HR's:

We recommend reviewing and confirming your job bank through your immigration service provider to ensure that the roles at your company remain consistent. This includes confirming:

1. Job titles
2. Job duties
3. Hiring requirements
4. Salary levels

If you do not yet have a job bank, or would like to review the roles at your company, please reach out to your immigration team. If the DOL contacts you for an audit and you are a client of Bridge you are in a good position for an audit. Bridge safely secures all of your Public Access and PERM Audit files for you within our platform. Please reach out to your immigration team for next steps if you receive notice of an audit. An immigration provider that holds all of this information digitally is paramount especially with the changing nature of immigration in the U.S. To learn more about switching providers, read this article.

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Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult a Bridge-affiliated partner attorney or another qualified legal professional.