Mastering immigration law compliance: A guide for attorneys

Compliance in immigration law is more than meeting deadlines—it’s about safeguarding clients against risks that could disrupt their operations or jeopardize their employees’ legal status. For attorneys, mastery of the rules around H-1B, PERM, and LCAs is the first line of defense.

This article is your practical attorney-focused playbook for navigating the complexities of immigration law compliance and protecting your clients—and your practice—in a world where the rules are always changing.

Understanding immigration law compliance in employment-based cases

Immigration law compliance is the practice of ensuring clients, particularly employers, adhere to all federal regulations governing the hiring and employment of foreign nationals. This includes a wide range of responsibilities, such as verifying employment eligibility, maintaining proper records, and following strict procedures for visa petitions. A single error or omission can lead to severe consequences for a client, including costly fines, debarment from federal programs, and even criminal charges.

The attorney's role is to serve as the front-line defense against these risks. This involves providing counsel on everything from a company's internal policies to individual case management. An attorney's expertise is invaluable for clarifying complex processes and guiding clients in gathering and presenting the strongest possible evidence to support their cases. 

For a deeper dive into effective practice management, our Immigration Law Practice Guide provides strategies on how to manage and scale your firm. The goal is to help your clients avoid risks of non-compliance and the disruption of an employee's work authorization.

Key areas of immigration compliance that attorneys must manage

Attorneys specializing in employment-based immigration must oversee several domains of immigration compliance. Mastering these areas helps protect clients against audits, penalties, and disrupted business operations.

1. I-9 Employment eligibility verification

The attorney's role in I-9 verification is primarily advisory. While HR departments handle the day-to-day completion of the forms, the attorney provides guidance on I-9 policy and helps clients prepare for and respond to government audits. This includes advising on how to prevent discriminatory practices and ensuring proper documentation for every new hire. For a step-by-step guide, see how to fill out the I-9 form.

Though 8am™ DocketWise doesn't handle I-9 workflows, it's still a core part of an attorney's responsibilities to ensure I-9 compliance for their clients. 

2. Labor condition application (LCA) compliance

LCA compliance is paramount for H-1B, H-1B1, and E-3 petitions. Attorneys are responsible for ensuring that LCA attestations are met, which includes managing wage, posting, and notice requirements. For example, the attorney must ensure the employer posts a notice of the LCA in two conspicuous locations at the worksite. The DocketWise integration with LaborLess can streamline this posting process and help with record retention, a key part of LCA compliance.

3. PERM labor certification

The permanent labor certification process is notoriously complex and requires meticulous attention to detail. Attorneys are responsible for guiding the client through each step, including:

• Determining the prevailing wage

• Managing recruitment efforts, such as placing advertisements

• Tracking all deadlines and documentation to ensure the client can withstand a Department of Labor (DOL) audit

While PERM processing times can take more than a year, they’re a critical component of legal document compliance, as any misstep can result in the petition's denial. Managing PERM workflows within DocketWise can help you streamline these steps as you go through the process.

4. H-1B and employment-based petitions

An attorney's role in the H-1B and other employment-based petition processes goes beyond simply filing a form. The attorney's responsibilities include:

• Confirming a client's eligibility for the visa

• Managing petition filings

• Preparing clients for FDNS (Fraud Detection and National Security) site visits

• Responding to Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs)

This work is essential for ensuring immigration law compliance throughout the petition process.

5. Client HR collaboration

Successful immigration compliance requires close collaboration with a client's HR department. Attorneys should lead training sessions and establish clear protocols for HR teams and clients to prevent misunderstandings and improve adherence to regulations. A shared platform like the DocketWise HR Portal can significantly improve this collaboration by providing a single place to securely share documents and track progress.

For even more ideas on how to improve collaboration, see: HR and Immigration Lawyers: Tips for Streamlining Communication.

6. Recordkeeping and reporting

Attorneys are also responsible for maintaining an organized system of documentation. Reporting tools can flag risks, highlight milestones, and demonstrate audit preparedness—helping you address potential issues proactively and ensure legal document compliance.

Best practices for managing immigration compliance as an attorney

These strategies can strengthen your clients' immigration compliance processes and reduce their risk:

Standardize compliance checklists

Creating uniform checklists for H-1B, PERM, and LCA filings is a best practice that minimizes errors and ensures consistency across all cases in your law firm. This makes it easier for new staff to get up to speed and reduces the chance of missing a critical step or document.

Educate clients and HR teams

Attorneys should actively educate and train their clients' HR staff on their compliance obligations to prevent misunderstandings and improve adherence to regulations. This can be done through webinars, guides, or one-on-one sessions. It's also a unique opportunity to position yourself as an invaluable partner, not just a service provider.

Conduct compliance readiness reviews

Regular mock audits and file reviews can help you identify potential risks and weaknesses in your clients' procedures before a government inspection occurs. This proactive service can save your clients from costly fines and business disruptions.

Stay current with policy and regulatory updates

Immigration law is dynamic. Attorneys must continuously monitor DOL, USCIS, and DHS updates and brief clients on new developments. Subscribing to official alerts, legal news feeds, and webinars can help ensure your advice is accurate and up-to-date.

Prepare clients for government audits

By setting clear expectations and explaining how agencies like the DOL, USCIS, FDNS, and ICE initiate and conduct audits, you can ensure an immigration audit doesn't catch your clients off guard. Providing a clear plan of action can significantly reduce client anxiety and improve outcomes.

Leverage technology for workflow support

Modern legal practice demands efficient technology. Immigration technology like DocketWise supports attorneys with structured workflows, LCA integrations (LaborLess), and HR portals. These tools streamline administration, enhance collaboration, and help proactively manage compliance, ensuring critical deadlines are met and documentation is properly maintained. 

The future of immigration compliance for law firms

Immigration law compliance is continuously evolving, presenting new challenges and opportunities. We’re seeing enforcement trends that suggest more digital audits, stricter DOL oversight, and increased AI-assisted review. AI data privacy, remote work, and evolving visa programs are also adding new layers of complexity for both employers and attorneys.

To future-proof your practice, you must adopt a forward-thinking approach. This means embracing technology, standardizing processes, and continuously monitoring policy updates. The ability to adapt quickly to new regulations and leverage technology will be key to success.

DocketWise supports attorneys in immigration compliance

While not an immigration compliance software, DocketWise is a powerful solution designed to support immigration attorneys in managing compliance-related workflows. Our platform provides the tools you need to stay organized, collaborative, and prepared, but the ultimate responsibility for immigration law compliance rests with the attorney and their client.

DocketWise strengthens your compliance readiness through key features:

• PERM workflows: Manage every step of the PERM process with clarity and easy access to all relevant documentation. This feature helps you track and document everything, from running ads to tracking applicants and keeping interview records.

• LaborLess integration: Streamline LCA postings and recordkeeping while meeting stringent public notice and documentation requirements. This integration automates posting and maintains an auditable trail of all your LCA activities.

• HR portal: Give your clients' HR teams a secure space to collaborate with you. They can use it to securely share documents, get case status updates, and handle assigned tasks.

• Reports: Generate comprehensive and easy-to-read reports that show how prepared you are for an immigration audit. These reports give you a quick look at case progress, upcoming deadlines, and your overall compliance status.

Ultimately, these tools reduce administrative burdens, improve collaboration, and proactively support your clients’ immigration compliance obligations. DocketWise helps you focus on what you do best—practicing law—while our platform handles the complexities of case management and provides the foundation for strong legal document compliance.

Schedule a demo today to see how DocketWise can empower your firm to navigate and streamline compliance-related workflows with ease and confidence.