L-1 visa holders and their employers must deal with a new worksite enforcement regime that will alter the way businesses handle foreign workers. The regulations are intended to tighten workplace oversight, so companies must meet every provision or risk serious trouble.
As these changes are announced, talented employees are left wondering what they can and cannot do under the L-1 program. And when faced with such issues, as a visa holder or employer, you can contact the Law Office of Olena Manilich if you need assistance figuring out your next steps.
What the New Worksite Rules Mean for L-1 Workers
The new enforcement directives ramp up government surveillance at work sites. This implies that your job duties, work location, and salary must reflect what is in your paperwork at all times. If you change work locations, job duties, or work for a new employer without updating your petition, that could be considered a violation.
Others are afraid of being publicly shamed if they make mistakes. Already common, the violations can be as simple as a company reassigning an L-1 employee from its New York office to a satellite location in New Jersey without amending the petition. Immigration officers may view this as a violation. If this occurs, it may result in penalties or visa revocation. If you are in doubt about your present post or place, reach out to us. The Law Office of Olena Manilich provides immigration advice to protect you.
Common Compliance Mistakes Employers Make
A lot of employers are not following the new rules because they don’t realize how strict the mandates are. Some companies will rotate L-1 employees between offices for short-term projects, given the assumption that this will not cause problems. Others allow L-1 workers to take on additional responsibilities when departments seem understaffed. Under the new enforcement scheme, these are high-stakes decisions.
If you fear your employer may have let the work change or locations you’re assigned to fall out of date on your paperwork, our office can help guide you on what to do next. Schedule a consultation to defend your status and prevent deadly mistakes.
Real World Examples And Cost To Resolve Them
Errors in compliance with L-1 can snowball out of control. If there is a violation, employers may have to submit an amended petition that can run into the thousands of dollars. The amendment to the L-1A often costs a minimum of $460 for the filing fee plus a $500 fraud fee, and legal fees can be between $2,000 and $6,000 in typical cases. L-1B amendments follow similar costs.
For instance, one business found during an inspection that its L-1 employee was working at a visiting client’s site rather than the company office on most days of the week. The officer interpreted that as a breach, and the company had to refile with a new petition. Request premium processing of the case, and pay more legal fees. This kind of thing happens all of the time, and early-stage legal advice can help you avoid costly surprises. If you want help in reviewing your case, feel free to contact our immigration attorney for assistance.
L-1 Visa Holders: How to Keep in Compliance
You are protecting your status when you keep abreast of news and communicate with your employer. If anything changes on your end — even if you think it’s a small thing — verify with the company that your immigration record was amended. If you get a new job title, new duties, or a work location. The government believes your employer should file an amended petition before you make the change.
Most workers are embarrassed to ask their employer for information regarding immigration paperwork, but clearly, it could prevent big problems. We can explain whether a change in your job means you need to have an amendment. You can also check our L-1 Visa Services to understand your case and keep your visa protected.
Conclusion
New L-1 compliance challenges for employers and individuals counted as visa holders. Now, with the government being more aggressive, small mistakes have huge consequences. But you can stay safe if you know the rules and act early.
The Manilich Law Firm assists employees and companies in traveling on L-1 visas, knowing that their documents are compliant. Should you require assistance with L-1 or wish to discuss your case. Feel free to schedule a consultation on our website. We are here to help!
