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News Flash from Ross Silverman
July 21, 2011
Greetings!

We are writing to notify you of the following immigration update:  

USCIS continues to conduct H-1B Site Visits

 

As you may remember, in 2009 U.S. Citizenship & Immigration Services (USCIS) began conducting site visits to companies who had filed H-1B petitions.  Please see our original News Flashes about these visits here and here.

 

It has come to our attention that, this summer, USCIS may be re-intensifying their efforts; in the past several weeks a number of our clients have reported site visits from DHS agents regarding H-1B petitions filed by their companies.  Please note that, to our knowledge, USCIS has not taken any adverse action against any of our clients as a result of these visits. 
 

As before, the site visits are random and without advance notice.  The Investigator (who may identify him/herself as a DHS Officer or Immigration Officer) may ask to speak directly with the employee and/or the employee's supervisor, with HR, or both.  If you receive an unannounced visit from an H-1B Investigator, there is no need to be alarmed and you should be cooperative in responding to the Investigator's questions and requests.  We strongly recommend that you notify other HR personnel of the possibility of these site visits, in case an Investigator arrives when you are out of the office.
 
The Investigator might ask some general questions regarding H-1B employees, request to tour the premises, and take photographs.  The Investigator will also likely have the names of one or two H-1B employees and may ask about the date of hire, title, salary, job location, and other H-1B petition information, and may also request to see payroll records.  In speaking with the employee or supervisor, the Investigator may seek confirmation that the employee is working full-time, along with questioning various details of their position, and may also ask who paid for the H-1B petition.  The identified employees are also selected randomly and you should assure your employees that this is a routine investigation and that it is not indicative of any problem with their status or work authorization.

If you have any questions about this process, please feel free to call our office.  Please also be sure to let us know if you receive a site visit.  

Please note that this News Flash is provided for informational purposes only.  It does not constitute legal advice and is not a substitute for consulting with an attorney.

 

Sincerely,
The Attorneys at Ross Silverman LLP