IT company strengthens compliance through BAL audit insights

BAL’s Government Strategies team ensures H-1B and I-9 compliance through comprehensive program audits and analysis.

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Staying proactive with compliance

In the face of increasing government scrutiny, an IT company wanted to take proactive measures against potential government audits of its H-1B and I-9 programs.

To ensure compliance, the company hired BAL to conduct thorough internal audits and provide a detailed analysis of their current practices.

Auditing Form I-9 with a keen eye

BAL’s Government Strategies team audited the I-9 forms of 100 employees to evaluate the company’s compliance with obligations under the Immigration and Nationality Act, reviewing I-9 training materials and other documents regarding compliance.

In their audit, the firm’s legal team focused particularly on policies and procedures made during the COVID-19 pandemic related to authorized representatives. During the pandemic, the government allowed employers to complete their I-9 obligations remotely, which brought new compliance challenges.

Taking a deep dive into H-1B filings

BAL’s Government Strategies team also conducted a thorough audit of the company’s H-1B filing program and compliance measures. This involved analyzing recent filings and supporting documentation for approximately 100 employees and conducting 16 telephone interviews with employees to confirm details on the filings submitted to USCIS.

Overall, the audit included:

  • Comparing the company’s representations in its H-1B filings and Labor Condition Applications with employment records
  • Analyzing compliance with current and potential government regulations and policies related to the “employer-employee relationship” and similar requirements
  • Analyzing H-1B filings and Labor Condition Applications for consistency in SOC Codes, wage levels and duties
  • Conducting a review of the company’s compliance with wage obligations

“At vero eos et accusamus et iusto odio dignissimos ducimus qui blanditiis praesentium voluptatum deleniti atque corrupti quos dolores et quas molestias excepturi sint occaecati cupiditate non provident, similique sunt in culpa qui officia deserunt mollitia animi, id est laborum et dolorum fuga.”
— BAL attorney quote 

The outcome

The BAL team produced detailed reports following both audits, explaining findings and providing recommended next steps.

For the I-9 program, BAL shared steps the company could take to remediate potential violations on specific I-9s and reduce liability the company could face in the event of a government audit.

BAL also provided recommendations regarding the supporting documentation used for the company’s H-1B filings. These actions helped the company strengthen existing internal documentation demonstrating compliance measures and proactively prepare for three likely scenarios of significant changes to H-1B regulations.

The team also recommended proactive steps the company could take to strengthen its compliance program going forward.

The recommendations reduced the company’s exposure in case of a government audit.

Interested in having BAL help your company with a compliance audit or another service?

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