Joseph Potasnik & Associates

H-1B Visa Fraud Defense at Joseph Potashnik and Associates PC

An upsurge of immigration enforcement activity by the Department of Homeland Security (DHS) has resulted in the great number of investigations into H-1B visa fraud and Form I-9 audits.


New York, NY -- (ReleaseWire) -- 06/29/2017 --The United States public has already seen some changes in immigration policies undertaken by the current administration. The Department of Homeland Security (DHS) has been dealing with matters of immigration enforcement far more aggressively in recent months. This affects both employers and immigrant workers, as there are far greater numbers of the FDNS (Fraud Detection and National Security) worksite visits. On top of that, the Immigration and Customs Enforcement (ICE) has also been performing more I-9 audits. In light of all these activities by the US authorities, there is a far greater number of related investigations and government lawsuits.

Seeing all of these changes, many law firms expect an increase in the need for effective legal representation by experienced immigration fraud lawyers. The NYC-based criminal defense attorney group Joseph Potashnik and Associates PC is among leading multi-practice law firms that can assist clients in handling immigration fraud allegations and help in conducting form I-9 and immigration compliance audits.

The H-1B visa program is extremely important to many employers across the country, as it allows corporations to hire skilled foreign workforce for occupations that require a minimum qualification level of the Bachelor of Engineering degree or its equivalent. The review of H-1B visa employees and sponsoring employers was up until recently a means to ensure that all associated immigration rules and regulations were met on both sides. But on April 3, 2017, the USCIS (U.S. Citizenship and Immigration Services) announced that it would implement a new approach to target employers which have a high ratio of H-1B employees to U.S. workers. The new policy also stipulates allocating workforce for attending to public tips on possible accounts of H-1B visa fraud.

This forces employers to take action, which includes conducting internal audits in order to prepare for possible on-site visits and I-9 audits, and evaluating the current level of regulations compliance. In order to perform such kind of assessments, companies would most likely require a legal counsel to properly construct not only internal audits but also to make necessary changes to corporate training policies, so as to prevent possible penalties that might come as a result of violations found in the process of FDNS worksite visits.

Also, it is paramount to remember that prior to any interaction with government officials, if an employee is approached by a federal agent, corporate management should first contact an immigration counsel. And any documentation, such as Forms I-9 audits should be turned over to immigration agents only when it is specified in a search warrant.

About Joseph Potashnik and Associates PC
Joseph Potashnik and Associates, PC is a New York City multi-practice law firm whose attorneys providing legal representation to clients facing criminal investigations and prosecution in state and federal courts. The firm's criminal defense lawyers specialize in cases of immigration fraud, Medicaid and Medicare fraud, financial crimes, cyber crimes, tax fraud and evasion, and a lot more.