Worker Location – Knowing where the foreign worker is physically working is important.  Many managers are not aware that foreign national workers in the U.S. may be geographically restricted to a particular location based on the attestations made by the company in the initial visa petition.  The US Citizenship and Immigration Services Department is responsible for confirming that workers are indeed at the location cited in the visa.  Recently the Department has stepped up the number of onsite visits to H-1 and L-1 employers to ensure that visa holders are indeed working where they are supposed to be.  They also check to verify that the foreign worker is in a position that requires the skills and education that they possess. 
For example, an H-1B temporary worker visa is issued for a foreign national who possesses at the minimum a bachelor’s degree or equivalent and who has taken a position in the US that requires the bachelor’s degree.  The L visas are either L-1A, an intra-company transfer visa for a manager or executive, or an L-1B visa for a person with specialized knowledge.  Again, the USCIS will verify that the person with the visa is actually meeting the L visa specifications. 
One duty, therefore, of the contact person managing this program is that they work closely with the supervisors writing the request to assure that there are no discrepancies between the attestations on the petition and the actual position being filled.

Records Maintenance – There are specific requirements for maintaining files for foreign workers, as there are for any other employee.  In particular, there is a time to purge employee documents as it relates to H-1B employees.  This is in part to ensure that the company is not held liable for possible past transgressions. 
Companies hiring an H-1B nonimmigrant must file a Labor Condition Application (LCA) with the Department of Labor, attesting as to the nature of the position and wages to be paid.  This report then becomes part of the Public Access File which has to be maintained throughout the foreign national’s employment and kept for one year following the expiration of the application or separation with the employee.  If the employee is terminated or resigns prior to expiration of the LCA, the employer has to notify DOL and the USCIS of that fact.  Failure to notify can result in the company being responsible for back pay. 

Inadvertent Exports- Currently companies filing a Form I-129, specifically used for several categories of nonimmigrant workers have to certify the company’s  compliance with US Department of Commerce and US Department of State “deemed export” regulations. 
“Deemed Export” rules relate to the release of a controlled technology to a foreign national.  Employers must certify whether or not the technology that foreign workers have access to has sensitive military, trade or national security applications, and if so to follow the appropriate licensing process.  The requirement may relate to the produce itself or to the “destination” country, as the foreign worker is seen as a representative of that home country.  If the worker is from an embargoed nation or those accused of harboring terrorists, restrictions as to technology access are at the highest level.
So..carefully read the controlled technologies list.  Keep careful records if you are the immigration contact person, and periodically get updates from supervisors concerning the foreign national worker’s status.  See why you might want to pass this opportunity on to someone else? 
Finally, your employment attorney should be involved in and apprised of any documentation and reporting, just to make sure.  Good luck!

For more detailed information on legal aspects of employee file documentation check your state and federal Department of Labor sites.  Do not included medical or insurance records, immigration forms, safety training records, child support/garnishment notices, litigation documents, workers’ compensation claims, EEO forms.  These are maintained in separate employer files.

If the employee is to be terminated (and this event should only occur as a last resort or for legal violations) there are things you should review.  In addition to the above list, there should be current copies available of policies listing unacceptable employee behaviors, the company’s right to discipline and terminate employees, records of disciplinary counseling and formal disciplinary action, and written documentation of any internal investigation related to the termination.  These documents are all “discoverable” by the terminated employee, and therefore should be clearly written, accurate, and free of any inflammatory statements about the individual.
As mentioned above, the firing should not be done on the spur of the moment, and it certainly should not be a surprise to the employee.  One important step is an independent review of the termination involving someone else in management, to assure that the firing is justified and legal under all applicable laws.  On the other hand, if you have a problem employee and don’t deal with the issue, the end result is that your  best employees might leave in frustration.  A delicate balance, but important to consider.

The old standby methods are still used;  ads, job fairs, and listings on job sites.  There are some new twists, however.  Many companies, because of a flood of applicants, have set up online screening processes to find the candidates that most closely meet their needs.  This method does add time to the equation, as these systems can take awhile to sort through the information.  Companies may also set up their own private job fairs, looking for specific talent to meet a current need.  Some companies also participate in job fairs for the exposure and to “test the waters” to see who is looking for jobs and if they might meet a future need.  Many, when they are trying to find a specific person to fit an important position, use recruiters, or network through professional groups.

All this means that job seekers need to be more flexible and agile in their searching.  There are a few important things to be aware of, some of which I’ve mentioned before but bear repeating!

Showing up takes energy and effort you don’t always have, but it can pay off.  A recent job fair in Albuquerque paid off in some immediate job offers, and in other cases scheduling of follow up interviews at the company.  Note:  don’t show up in sweats or shorts!  You still need to appear professional, no matter what your occupation.  Business casual is most appropriate for these events.  Also it is good to have a polished resume with you – and have an email address they can access for followup.  Some applicants have put online resumes on Linked In or Facebook.  Do make sure these sites are done carefully and look professional.

For companies that require an online application, be patient – it may take awhile for them to get to your resume.  It never hurts to have a name to follow up with, just an email which lets them know you’ve applied and would appreciate their attention.  This may require some networking on your part. 

Finally, don’t apply unless you fit the requirements!  This just wastes everyone’s time, including  yours.  In the case where you are trying to make a career change, as I once did, you somehow need to present the resume as having experience and skills appropriate to the new field even though  they were learned in a different industry.  Your cover letter should explain why you are making the change and how you have prepared yourself for the new career.  

Good luck to both companies and job seekers.  Patience is the key.