11/11/2023 0 Comments Uscis site visits for h1b workers![]() Where USCIS finds evidence of fraud, the case may be referred to U.S. If your records are in order, you have nothing to worry about. What happens after a site visit? Should I be worried? The H-1B worker may be quizzed about his/her title, hours, duties and salary and also about his/her credentials (to confirm whether the person truly possesses the credentials indicated in the H-1B petition). Typical items/information asked of the employer include: basic questions about the company (type of business, offices, number of employees, etc.) how many employees the company has on H-1B status a copy of the H-1B petition and supporting documents basic information about the H-1B worker’s position, duties, wages, and hours and copies of W-2s or wage statements. The investigator will typically want to speak to an employer representative and the H-1B worker. However, cooperating may still be the best course of action (see discussion below). In the absence of a subpoena or warrant, USCIS by its own admission has no clear statutory or regulatory authority to require employer cooperation with the site visit. Must I allow USCIS access to my premises and to my personnel? Reports indicate that USCIS’ selection of employers is random, even though the Assessment indicated that the following classes of employers/cases indicated higher levels of fraud: firms with less than 25 employees firms with less than $10 million in sales firms less than 10 years old petitions for positions in accounting, human resources, business analysis, sales and advertising and petitions where the employee held a bachelor’s degree as opposed to an advanced degree.ĭoes USCIS provide notice of the site visit? The following FAQ will help familiarize employers with the site visit initiative.Īny employer that has filed an H-1B petition. The follow-up by USCIS is the next phase of detecting and reducing H-1B violations. This included a 13.4% fraud rate and a 7.3% technical violation rate. ![]() The site visit initiative follows last September’s H-1B Benefit Fraud & Compliance Assessment from USCIS’ Office of Fraud Detection and National Security (FDNS), which reported a violation rate of 20.7% for H-1B petitions in the Assessment’s sampling of 246 H-1B petitions. Reports indicate that USCIS will be making thousands of such visits in 28 cities over the coming weeks. Using funds collected from the $500 H-1B fraud fee, USCIS hired outside contractors to conduct these site visits. United States Citizenship and Immigration Services (USCIS) has begun a widespread initiative to visit H-1B petitioner/employer worksites. ![]()
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