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The Department of Homeland Security and the Labor Department have announced a Memorandum of Agreement to exchange information and records regarding labor certifications and labor condition applications for purposes of conducting joint fraud investigations and enforcement.
Key points:
Background: President Donald Trump’s June 22 work-visa ban ordered the agencies to enhance enforcement of the H-1B program and ensure that H-1B workers are not undercutting American workers.
BAL Analysis: The agreement signals the administration’s increased enforcement and scrutiny of employers’ use of immigrant and nonimmigrant visa categories during the COVID-19 economic recovery. Employers should ensure that all information on labor certifications, petitions and labor condition applications, including wages, hours and work location, is accurate and consistent with the terms of employment.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
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