H-1B site visits soon to become routine protocol

Abstract

For employers of foreign-born scientists, the H-1B visa is the visa of choice. The H-1B category is versatile insofar as it permits U.S. employers to hire highly educated employees for a broad range of “specialty occupations” (positions that require at least a Bachelor’s Degree in a specialized fi eld). Examples include research associates, professors, and engineers. However, employers of H-1B visaholders have come under increased scrutiny of late. In recent months, the U.S. Department of Homeland Security, Citizenship and Immigration Services (CIS) has conducted an investigation program aimed at visiting H-1B petitioner worksites throughout the United States.These site visits began as part of the CIS’ goal to decrease H-1B violations and fraud as reported by the H-1B Benefi t Fraud & Compliance Assessment from CIS’ Offi ce of Fraud Detection and National Security (FDNS). According to the FDNS’ fi ndings, as many as one in fi ve H-1B applications were affected by either fraud or “technical violations” of the H-1B program. Why should employers care? Any employer who sponsored a foreign national worker for an H-1B visa can be subject to an unannounced site visit. What this means is that an investigator can randomly show up at a worksite and demand to see a copy of the H-1B petition, interview the person who represented the company in connection with the H-1B as well as the H-1B employee or other employees presently on site. Any inconsistencies found can mean big trouble for employers. The FDNS has indicated that it does not need a subpoena to conduct the site visit because USCIS regulations govH-1B Site Visits Soon to Become Routine Protocol