USCIS Site Visits: What Companies Can Expect
At the start of a new fiscal year, the U.S. Citizenship and Immigration Services (USCIS) actively conducts site visits to verify compliance among employers of H-1B and L-1 workers. These visits are typically unannounced and carried out by Fraud Detection and National Security (FDNS) officers.
In this guide, we will highlight some ways that employers and employees can stay prepared to pass USCIS site visits throughout the start of the fiscal year.
Identification Request from FDNS Officers
FDNS officers are required to present valid identification and USCIS credentials upon arrival. Employers should always confirm the identity of anyone claiming to represent the government. The FDNS officer will typically ask to speak with the H-1B or L-1 petitioner – the individual who submitted the petition. If that person is unavailable, the officer will request to speak with another authorized representative from the company.
Employers are encouraged to discuss the possibility of such visits with their human resources team or relevant personnel. If they prefer to have an attorney present during the visit, they should inform the FDNS officer and, if necessary, request additional time for this arrangement.
Observations by the Inspector Regarding Employer Operations
The FDNS officer will assess visible aspects of the employer’s premises to confirm that the address matches that on the petition. This includes examining signage for the business name and potentially asking neighboring businesses or residents about the company’s existence. The nature of the premises will be noted, and photographs may be taken.
With authorization from a company representative, the officer may tour the facilities to evaluate whether the business is legitimate and operating in accordance with its stated activities.
Questions for Employers About Employees and Job Functions
The FDNS officer will ask the company representative general questions regarding the H-1B or L-1 employee. This includes details from the petition, such as the job title, responsibilities, and employment terms.
During the visit, the officer will verify whether the foreign worker is currently employed by the company. If the employee is on the payroll, the USCIS will request documentation to confirm this. If the individual is no longer employed, the officer may ask for information regarding their whereabouts and current employment status.
If the company has H-1B workers, the officer may also request access to public access files. While the U.S. Department of Labor primarily oversees these files, the USCIS has the right to inspect them as they must be available to the public.
Interviews With H-1B or L-1 Workers
The FDNS officer will seek to interview the H-1B or L-1 employee, who must present valid identification. This conversation aims to assess whether the employment aligns with the petition’s terms. Employees should be prepared to discuss their job roles and responsibilities in detail. For H-1B workers, there may also be inquiries about their educational qualifications, as well as any fees they paid related to the petition process.
Potential for Further Employer Inquiry
During the inspection, the FDNS officer will work to confirm that the employee receives the required salary and fulfills the duties outlined in the petition. The officer’s report will include recommendations for any additional inquiries if warranted.
Employers should proactively prepare for possible site visits by FDNS officers. Establishing clear policies and protocols for these inspections is essential, and relevant employees should be informed about the process. Given that such visits are often random, they do not necessarily imply any wrongdoing by the company. It may be beneficial for company representatives to consult with an experienced attorney regarding these inspections for further guidance.
Heckler Law Group is ready to guide your company through the detailed nature of U.S. immigration to ensure a smooth process. Get started by requesting a free case evaluation, and our team will contact you promptly.
This post is intended for general information purposes only and does not constitute legal advice. You should not act or rely on any information in this post without seeking the advice of a licensed immigration attorney.