Draft Employer Compliance Certification

---
name: draft-employer-compliance-certification
task_id: immigration/draft-employer-compliance-certification
description: Draft an employer compliance certification responding to an agency site visit and request for evidence in a multi-worker sponsorship matter, with separate treatment of the external submission and any privileged internal memorandum.
activates_for: [planner, solver, checker]
---

# Skill: Draft Employer Compliance Certification for Multi-Worker Sponsorship

## 1. Subject-matter triage

Identify every sponsored worker, the petition or filing record tied to that worker, the immigration category, the agency concern raised, and whether the issue is individualized or shared across the workforce. If the source set contains multiple workers or multiple filings, enumerate them before drafting so each analysis runs worker-by-worker and filing-by-filing.

Separate the public-facing certification from any attorney-client privileged internal memo. The external filing should read as a factual compliance certification; the internal memo should be labeled for counsel/client use only and may discuss exposure, remediation, and litigation or enforcement risk.

## 2. Failure modes the skill is correcting

- A single blended narrative is used for both the agency submission and the privileged internal memo, risking waiver or over-disclosure.
- The response confirms compliance in general terms but does not answer each site-visit observation or RFE point with a direct factual certification.
- Worksite issues are analyzed without first comparing the approved location to the current location and determining whether the change affects filing or notice obligations.
- Required notice-posting, file-maintenance, or supervision facts are omitted, even though they are central to employer-compliance review.
- Employer-control issues are handled abstractly without explaining who directs the work, who can assign or remove the worker, and how supervision operates in practice.
- Multiple workers are collapsed into one generic pass, leaving petition-specific differences unaddressed.
- Internal weaknesses are described without any remediation plan or timing, making the memo less useful to counsel and the business team.

## 3. Legal frameworks / domain conventions that apply

- Agency site visits are used to verify that petition representations match actual employment conditions; the response should state, fact by fact, whether the observation is accurate, incomplete, outdated, or the result of a changed but compliant condition.
- For worksite changes, determine whether the new location is within the same relevant labor market area and whether the move triggers notice obligations, a new labor filing, or an amended petition under applicable agency policy.
- Material changes in title, duties, compensation, supervision, or worksite location can affect petition validity and amendment obligations; if a change occurred, address the governing rule directly and state the compliance path taken.
- Public access file or equivalent labor-file obligations may apply to each certified filing; the certification should confirm file completeness, location, and accessibility for inspection if that is supported by the source record.
- Employer-control and bona fide employment questions often arise where the worker is placed at a third-party or remote site; the certification should address supervision, right to direct daily work, and authority to terminate or reassign.
- A privileged internal memorandum should be clearly marked as attorney-client or attorney work product material and should not be included in the agency-facing submission.
- Cite the controlling authority for each legal proposition relied on, using the statute, regulation, agency guidance, rule, or other authority reflected in the source materials or standard immigration practice.

## 4. Analytical scaffolds

1. Worker-and-file inventory: list each worker, petition type, filing date or record reference if available, current worksite, and the specific site-visit or RFE issue tied to that worker.
2. Worksite comparison: compare the approved location to the actual location; determine whether the move is within the same labor market area and whether notice posting, new filing, or amendment handling is implicated.
3. Finding-by-finding response: address each site-visit discrepancy individually with a factual explanation, correction, or confirmation.
4. RFE response mapping: map each request to the corresponding rule or policy and draft a direct certification that resolves the stated concern.
5. Control-and-supervision analysis: confirm how the company directs the worker’s tasks, who supervises day to day, and whether the employment remains bona fide and employer-controlled.
6. File-compliance check: confirm that each required labor or immigration file is complete to the extent shown by the source documents and identify any missing item that must be cured.
7. Risk memo analysis: for the internal memorandum, identify exposures, prioritize them, and state concrete remediation steps for counsel and the business team.

## 5. Vertical / structural / temporal relationships

For each worker, preserve the relationship among the approved petition, the actual assignment, the worksite status, and any post-filing change. If the source documents show a sequence of site visit, RFE, internal review, and corrective action, present that chronology clearly so the reader can see what changed, when it changed, and what obligation flowed from the change.

When more than one worker or issue is present, do not merge them into a single conclusion. Use one pass per worker and one pass per distinct compliance question, then explain whether any shared policy affects the whole group.

## 6. Output structure conventions

- Produce two separate files: a public employer compliance certification for agency use, and a privileged internal compliance memorandum for counsel and the client.
- The external certification should be organized by worker and by issue, with a short opening statement, discrete responses to each site-visit or RFE point, a compliance attestation supported by the record, and a signature block.
- The external certification should read as a factual declaration, not as argument; keep legal conclusions tied to a cited authority and rooted in the source record.
- The internal memorandum should be labeled privileged/confidential, analyze risk and exposure, explain the legal and operational significance of any gaps, and close with concrete recommended next steps.
- End the internal memorandum with a Recommended Actions section that assigns each action to a responsible role and includes a timing anchor tied to the agency response deadline, site-visit follow-up, or other regulatory milestone.
- If the source set includes multiple workers, include a compact per-worker compliance table or checklist before the certification block so each filing can be tracked at a glance.
- Before finishing, verify that both files are fully drafted, non-empty, and contain operative text rather than placeholders or summaries.