Tuesday, August 25, 2009

Corporate Response To Government Audits of Immigration Petitions: Just Stonewall

Corporations driving down wages with imported H-1B and L-1 non-immigrant worker visas are feeling the heat. USCIS is sending inspectors into the offices of corporations that hire aliens due to alleged worker shortages. http://www.cio.com/article/499501/H_1B_Visa_Sponsors_Surprise_You_re_Being_Audited
(h/t Stein Report
http://www.steinreport.com/archives/012745.html)

Instead of cooperation and honesty, the advice from lawyers is first to claim that USCIS has no investigative authority:

"But USCIS investigation tactics often exceed what is necessary and reasonable to obtain H-1B application verification information, according to Stern*. Unlike the Department of Labor, which has the statutory authority to investigate an employer's compliance with visa obligations but rarely conducts audits unless there are complaints, the USCIS has no statutory or regulatory authority to enter the workplace of H-1B and L-1 visa holders. And investigators do not arrive with search warrants or subpoenas, says Stern."

It never occured to Stern that USCIS is part of the Department of Homeland Security and DHS is the legal successor to the late unlamented Immigration and Naturalization Service. The Homeland Security Act of 2002 gave all authorities held by the legacy INS to DHS. Bacially, Stern is either a liar or a moron. In any event an audit or an inspection by a regulatory agency does not require a search warrant or a subpoena.

The lawyers go on to claim that records can be withheld if they are disruptive to obtain. Well, show me any company that does not have payroll records available on a computer for easy review? Unless they are paying cash, every corporation in America has a computerized payroll system that can be accessed with the click of a mouse.

This just shows that corporate America is afraid, very afraid, that they will be found out for their fraud. Undoubtedly underpaying aliens in order to displace American workers.

Honesty does not appear to be the prefered policy of visa scofflaws.

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