我们的申请已经获批。作为雇主,还需要继续做些什么?
申请获批并不意味着雇主的移民合规义务已经结束。雇主应继续遵守:
- 获批申请中的相关条件;
- 妥善保存所需的移民和雇佣记录;
- 在适用情况下完成并更新 I-9 表格;
- 持续关注员工职位、工作地点、薪酬或其他雇佣条件的变化,因为这些变化可能需要进行额外的移民申请或合规措施。
对于 H-1B、L-1 以及职业移民绿卡申请而言,雇主还应确保员工的职位信息、工作职责和雇佣经历等资料准确无误,并在后续移民申请中保持一致,以避免产生不必要的审查或合规风险。
这条回答解决您的问题了吗?
相关问题
Possibly — an amended H-1B petition may be required if the change materially affects the employment terms or eligibility described in the existing petition. Examples include significant changes in job duties, a switch from full-time to part-time employment, or a worksite move outside the area covered by the existing Labor Condition Application, subject to applicable exceptions.
A routine raise, title change, or move within the same area does not automatically require an amendment, although notice and wage requirements may still apply. Review the proposed change before it takes effect so any required LCA, notice, and amended petition can be handled on time.
| Generally requires an amended petition | Generally does not |
|---|---|
| A significant change in job duties | A routine raise |
| A switch from full-time to part-time | A title change with no change in duties |
| A worksite move outside the area covered by the existing LCA | A move within the same area of intended employment |
There is no reliable percentage that predicts whether a particular H-1B employer or employee will receive a worksite visit. USCIS may conduct unannounced site visits to verify information in the petition, including the work location, job duties, hours and salary. Separately, the Department of Labor has increased H-1B compliance enforcement through initiatives such as Project Firewall.
Employers should keep the following accurate and consistent:
- Petition documents
- Wage records
- Worksite information
- Actual job duties
Employers should also have a procedure for responding to a visit. An approved petition does not eliminate the possibility of a later compliance review.
Yes. A proactive immigration compliance audit can help identify problems before they surface during a government inspection, including:
- Form I-9 record errors
- Petition and LCA compliance gaps
- Inconsistencies across immigration and employment records
Some issues can be corrected or documented when identified early, while others may require additional immigration action. Regular audits and training can also help prevent the same problems from recurring.
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