Visa-Specific Corporate Compliance & Enforcement Readiness

Attorney-led compliance review for H-1B, H-2A, H-2B, LCA, and PERM programs.

If your company sponsors foreign national workers, the paperwork is only part of the picture. What matters in an audit or investigation is whether your actual payroll matches your wage attestations, whether worksites and job duties still match what was filed, and whether corporate changes along the way created obligations nobody caught. We review that gap directly — grounded in experience on both sides, having conducted federal audit review from inside the Department of Labor and represented employers defending against these same audits in private practice.

H-2A & H-2B Program Compliance

H-2A and H-2B compliance carries its own enforcement track, and it moves fast. Attorney Emily Brown spent part of her federal career conducting legal review of H-2A and H-2B action audits for the Department of Labor's Office of Foreign Labor Certification, along with related appellate litigation — work that now shapes how she reviews these files on the employer side.

Action audit response and defense. Direct representation if DOL has opened an audit of your H-2A or H-2B program, from the initial document request through resolution.

Pre-filing compliance review. A legal check of job orders, wage rates, and recruitment documentation before filing, so the case is built to withstand an audit rather than just clear certification.

Program-specific wage and recruitment audits. Review of actual wages paid, worker housing and transportation arrangements where applicable, and recruitment records against what was represented to DOL.

H-1B & LCA Operational Integrity

Filing an LCA or H-1B petition correctly is the starting point, not the finish line. Compliance has to hold up over the life of the case, through hybrid work arrangements, wage increases, and worksite changes.

We review:

Public Access File chronology and audit logs. We go through your PAF history and system timestamps looking for the kind of gaps or inconsistencies that stand out once an investigator pulls your audit trail — before anyone else sees it.

Hybrid and remote worksite alignment. We check whether current employee home and work addresses still match what's on file for their active LCAs. Hybrid arrangements and unannounced moves are one of the most common ways employers end up out of compliance without realizing it.

Actual wage compliance. We compare real payroll data — including bonuses and step increases — against your wage attestations, so what employees are actually being paid matches what you told the government you'd pay them.

Retention-schedule review. We identify which PAFs and related records have passed their required retention period so they can be purged on a documented, defensible schedule. Nothing gets held past what the law requires, and nothing gets discarded before it should be.

Corporate Restructuring & Successor-in-Interest Adjustments

Mergers, asset purchases, and entity changes can reset a company's visa compliance posture without anyone flagging it. Catching that takes someone reading the actual deal, not just the filings.

M&A visa portfolio risk assessments. Before a deal closes, we review the target company's H-1B, H-2A, H-2B, LCA, and PERM portfolio and put a number on what you'd actually be inheriting.

Successor-in-interest determinations. We analyze whether a specific asset purchase, tax ID change, or entity restructuring triggers successor-in-interest obligations under DOL and USCIS rules — this isn't always obvious, and getting it wrong has consequences.

Amended LCA and petition triggers. When a corporate change requires an amended filing, we move fast, so status isn't put at risk for the employees your business depends on.

Federal Audit Defense & Enforcement Readiness

DOL Wage and Hour investigation defense. Direct representation through an active H-1B, H-2A, or H-2B compliance review, from the first document request to resolution.

USCIS FDNS site visit protocols. We write the standard operating procedure and train your team so they know what to do — and what not to say — if an officer shows up unannounced.

Good-faith compliance documentation. If an error turns up, we prepare the legal memoranda documenting your compliance efforts that can support a mitigation argument later.

About the Attorney

Emily C. Brown, Esq. founded Elevate Justice U.S. Immigration Law, PLLC, a fully virtual firm representing employers nationwide. Before starting the firm, she was an attorney at U.S. Immigration and Customs Enforcement's Office of the Principal Legal Advisor, where she litigated federal district court matters, and at the U.S. Department of Labor's Office of the Solicitor, where she conducted legal review of H-2A and H-2B integrity audits and handled related appellate litigation for the Office of Foreign Labor Certification.

That work gave her a firsthand look at how federal agencies build a case file and what they're looking for when they review one. In private practice since, she's completed H-1B specialty occupation petitions and I-9 compliance review — experience that now shapes how she reviews a company's H-1B, H-2A, H-2B, LCA, and PERM records before the government does. The point of all of it is the same: know how a file actually gets read in an investigation, not just whether the paperwork is technically complete.