U.S. Citizenship and Immigration Services (USCIS) has hired a private contractor to send investigators to conduct 25,000 random site visits to employers that sponsor foreign workers in H-1B status.  Typically, the site visits are conducted without advance notice and the investigator will request to speak with an employer representative (i.e., the signatory on the I-129) and the employee.  For employers who have a signatory who is indirectly involved in the H-1B process and a Human Resources contact who is more directly involved and knowledgeable about the process, we strongly advise that the investigator be directed to the Human Resources contact instead of or in addition to the signatory on the H-1B petition.  This will ensure that questions are accurately answered and someone is able to produce any documentation that the investigator may request.  You may also want to make sure that your receptionist is aware of who to contact if the investigator comes to your company.

The objective of the unannounced on-site visits is to detect H-1B fraud and abuses as part of the USCIS Administrative Site Visit and Verification Program, funded by the money it has received from the $500 "fraud fee" that is filed with H-1B petitions.  Investigator questions appear to stem from H-1B petitions, and might cover the nature of the employer's business; the number of employees; whether the employer filed the immigration petition at issue; the employer's use of the H-1B program; whether the employee is working for the employer; and particulars of the position as outlined in the H-1B petition, including the job duties, salary and hours.  The investigator might also request a tour of the employer's premises or to examine the employee's work area, and may ask to see payroll records and other documentation pertaining to the H-1B employment.  

Please contact the attorney with whom you work at Ross, Silverman & Levy right away if USCIS makes an unannounced visit.  In this time of immigration enforcement, feel free to also contact us for advice concerning corporate policies and programs to ensure full compliance with federal laws and regulations. We would also be happy to assist you with any questions or representation relating to audits, investigations, or enforcement-related litigation.