As previously reported in Immigration Spotlight, USCIS is stepping up random site visits and investigations of H-1B petitions for possible fraud concerns. The American Immigration Lawyers Association (AILA) recently advised that the U.S. Citizenship and Immigration Services' (USCIS) Office of Fraud Detection and National Security (FDNS) has commenced a major assessment of the H-1B visa program. AILA reports that approximately 20,000 H-1B petitions were just transferred to FDNS for investigation by the Vermont Service Center. A similar number of H-1B petitions appear to have been referred to FDNS by the California Service Center. These petitions are in addition to other H-1B petitions that have been referred to FDNS due to possible fraud concerns.

Most notably, this assessment will include site visits to H-1B employers and/or the H-1B worksite of the sponsored employee. Site visits are generally unannounced, and while FDNS will permit immigration counsel to participate in the interview, they generally will not reschedule the interview so that the attorney can attend. Employers should keep in mind that most of these site visits are being made as a result of random selection. There is no presumption that the H-1B employer or worker has done anything wrong. The site visit is to verify that the sponsored H-1B worker in fact is working for the employer as stated on the H-1B petition: the worker's location, salary, and job duties will be confirmed. If the H-1B worker is working in the field or at a client site, the investigator may go directly to the client office, and not to the office of the H-1B employer.

Jackson & Hertogs urges clients who receive a visit from FDNS to contact our office to speak to an attorney. Jackson & Hertogs can also assist clients in preparing an action plan and instructions on how to handle FDNS visits before they happen.

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