The article, “3 Tips To Prepare H-1B Employers For Site Visits,” featured in Law 360, discussed how the popular H-1B visa program for skilled workers is facing increased scrutiny by government watchdogs who are planning additional site visits this fiscal year to root out abuse.
Scott weighed in on the importance of maintaining meticulous ‘Public Access Files.’
These files are among the very first things that a government audit is going to dive into, noted Scott. It’s therefore crucial that employers involved in the H-1B process assemble the public access file after they make an offer to a candidate, he said.
“The purpose of that file is to make sure the process is transparent,” Scott said. “It includes information about how the foreign national's wage rate is set, what wage rates are provided to U.S. workers in the same occupation, and what benefits are being offered, as well as proof that a notice of the position was posted and communicated to employees.”
Generally speaking, an amended petition should be filed if an H-1B worker has been moved to a significantly new location. Because if there is an unannounced site visit by the FDNS Directorate, an employee's absence from the appropriate site could spell trouble, Scott noted.