uscis is conducting h-1b site visits!

USCIS IS CONDUCTING H-1B SITE VISITS!

U.S. Citizenship and Immigration Services has commenced deploying contract inspectors to perform thousands of on site inspections of petitioning employers who have sponsored H-1B specialty occupation visa employees.  The inspection program is funded through the mandatory $500 “Anti-Fraud” Fee, one of the government fees that employers pay when sponsoring an H-1B specialty occupation worker. 

These inspections represent a new initiative in Department of Homeland Security enforcement efforts, following the issuance of Immigration and Customs Enforcement Services audits of 650 I-9 audits in a single week in June 2009.  Reviews are slated initially to take place in 28 cities, with employers selected on a random basis.

The site visits will be conducted without advance notice and are focused on identifying fraudulently filed H-1B petitions.  Inspectors are seeking verification that the sponsoring company is a bona fide, operating business entity and that the foreign worker is employed in the capacity for which s/he was sponsored.  In addition, inspectors have been charged with looking for specific types of fraud, including false documentation and  false claims of employment.  To date, reports of visits include accounts that inspectors want to meet and interview the H-1B worker, confirm the employee’s identity, meet with human resources personnel to confirm details of the H-1B employee’s employment and inspection of payroll records.

These site visits underscore USCIS initiatives and stated priorities of focusing on employer immigration violations.  Immigration enforcement efforts are focused increasingly on employers and companies must ensure that they maintain policies for compliance with U.S. Immigration laws and regulations. 

The following steps should be taken to assure that an H-1B site visit proceeds smoothly:

  1. One official at the company should be the designated contact person for U.S. Citizenship Services/Immigration and Customs Enforcement;
  2. H-1B (and all other) foreign nonimmigrant employees should be encouraged to maintain copies of their passport ID pages, Notices of Action and Forms I-94 in their desks in the event of being requested to prove identity by a U.S. government official
  3. Maintenance of public access files – each H-1B employer should maintain a copy of a public access file, which includes a copy of the certified labor condition attestation, proof of the prevailing wage determination, copies of the employer’s compensation system or pay scale used to determine actual wages being paid to the employee.  In addition, any materials used to satisfy employee/union notification requirements, a summary of benefits offered to U.S. workers in the same occupational classification as H-1B employees and any other documents for special situations should be maintained.   Documentation should be retained for one year beyond the last date on which any H-1B employee was employed.
  4. Human resource or other personnel should be ready to confirm the employee’s date of hire, job title, work location and salary. 

If your company is selected for a site visit, with or without advance notification from the U.S. Citizenship and Immigration Services, it is important that you immediately contact the partner in charge at Wildes and Weinberg.  We will continue to navigate your company through the troubling waters of U.S. immigration law compliance.

For Further Information On How We Can Help Your Firm Meet Its Employment Eligibility Verification Obligations, Please Contact Amy Wildes At amy@wildeslaw.com

In The News

Testimonials

I received my Green Card from Michael Wildes and his firm some days ago. The petition approval and Green Card release represent a real achievement for people like me in the US. Michael Wildes and his team are excellent, and...

Luca Zammataro Date : November 22, 2022

Dear Michael Wildes, my husband and I would like to thank you and your team,  the work was not easy, especially in the statement, there were a lot of flaws, but we managed to correct everything in a short time,...

Jacques Carline Date : August 3, 2022

Our client David came to us after spending more than three years stuck in the immigration court morass with another attorney. His individual hearing wasn’t scheduled to occur for over a year, and he thought it might get pushed off...

David E. Date : June 8, 2022

Josh Wildes and Yoni Jonas are amazing! We sought Wildes & Weinberg help because our application for naturalization was taking a long time and seemed to be stuck in the system indefinitely. Within two weeks of submitting our paperwork to...

Daniela Bustamante Date : June 1, 2022

Michael Wildes and the rest of the team at Wildes & Weinberg were tremendously helpful in navigating us through the complexities of the immigration process. We are really happy with their service and would 100% recommend them to anyone looking...

Alan Herskowich and Nicole Woroszylski Date : May 26, 2022

Michael and his team are very professional and they always deliver. If you're looking to hire the best possible immigration law firm, you don't have to look any further, Wildes & Weinberg is the one.

Nick Holmstren Date : January 7, 2022

Walter Gottschalk and Michael Wildes at Wildes & Weinberg P.C Law Offices have been fantastic partners in our immigration journey. They were professional and helpful. I would recommend them without hesitation.

Bruno Caron and Melanie St. Amour Date : December 2, 2021

Video Testimonials

  • Book Launch

  • Book Warming

  • Riley Keough

  • Boy George

  • Lionel Richie

  • Stuart Varney

Quick Contact

*All fields are mandatory

Best Immigration Lawyer, Attorneys in NYC, New York