As part of its effort to deter fraud in the immigration process, U.S. Citizenship and Immigration Services (USCIS) is conducting random unannounced site visits at employers of H-1B and L-1 workers. Although the USCIS Office of Fraud Detection and National Security (FDNS) has been conducting site visits for several years, there has been a significant increase in the number of visits in recent months.
During a USCIS site visit, the investigator asks questions to verify the employment of H-1B and L-1 workers at the location described in the petition. A site visit will typically occur at the location where the individual is employed but could also occur at company headquarters. Based on reports from employers that have already received site visits, USCIS is focusing on verification of the existence of a real employer, payroll records for the H-1B or L-1 worker, and confirmation of professional or managerial duties performed by the H-1B or L-1 worker.
Questions generally address the following issues:
- Is the employee earning a salary consistent with the salary listed in the petition?
- Is the employee still working full-time?
- What are the employee's job duties?
- Is the employee contracted out to work at other locations?
- What was the employee's start date?
- What is the nature of company's business, how long has the company been in business, how many employees does the company have, and does the company have other locations?
- The investigator may ask to meet with the H-1B or L-1 employee and review documents. He or she may also request a tour of the facility and may take photographs of the site.
Employers that have filed H-1B or L-1 petitions should be prepared for the possibility of a site visit. If your workplace does not already have a policy in place for responding to unannounced government visits, consider implementing a comprehensive policy that will provide guidance to receptionists, human resources personnel and other staff on steps to be taken when faced with site visits, I-9 audits, subpoenas, warrants or any other type of government inquiry. If needed, seek legal advice to assist your company in developing such a policy.
The site visit initiative was prompted by the 2008 USCIS H-1B Benefit Fraud and Compliance Assessment report, which found a fraud rate of over 13 percent among a sample of H-1B employers. The initiative is funded by the $500 Fraud Fee that is included with all initial H-1B and L-1 petitions.
Employers should expect ongoing site visits in connection with both initial petitions and requests for extension of H-1B and L-1 status.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.