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ARTICLE · 04 NOVEMBER 2010

Compliance Risks of Restructuring to Avoid the H-1B/L-1 Surcharge

Fakhoury Global Immigration
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Avoiding the New $2,000 Surcharge May Raise Compliance Risks for Larger Petitioners that Now Restructure into Several Smaller Units Each with Less than 50 Nonimmigrant Employees

United StatesImmigration
Rami Fakhoury
Rami Fakhoury
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Avoiding the New $2,000 Surcharge May Raise Compliance Risks for Larger Petitioners that Now Restructure into Several Smaller Units Each with Less than 50 Nonimmigrant Employees

Introduction:

Outsourcing Business Model Targeted by Congress for Fee Increase

Chairman Schumer's H-1B Anti-Outsourcing "Intent of Congress" Speech

A. ENFORCEMENT: A Variety of Legal Standards Might be Applied to Investigations

B. THE USCIS FRAUD DETECTION & NATIONAL SECURITY (FDNS) "ARTICULABLE FRAUD INDICATORS" - Will Restructuring Make the Petitioner Suspect and Result in Audits and Investigations?

STANDARDS OF LEGAL PROSECUTION

THE USDOL LCA "WILLFUL VIOLATION" MODEL

THE ICE IMMIGRATION FRAUDS MODEL

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