NEW RULES MAY BAR EMPLOYERS FROM USING FOREIGN WORKERS
March 22, 2019
Last month, the Department of Labor released a memo outlining new interpretations to regulations around hiring foreign workers, such as those workers on the H-1B visa. In short, the memo states that those companies that do not comply fully with requests for evidence may be barred from using any foreign workers at all.
Much of the substance of the memo deals specifically with compliance to new electronic document requests. Namely, that much of the visa process is now online. For some companies or workers, using an electronic only process will be very difficult to navigate. For others, it might increase risk of failure to comply. For companies that rely heavily on foreign workers, even one instance of mismanagement can put their larger workforce at risk.
In light of these changing rules, regulations, and means of processing, it is important for employers to seek legal counsel to ensure that all of their documents are appropriately handled. Qualified legal professionals can not only help with the documentation but can also help protect the organization from the greater consequences in the event of a mistake or miscommunication.