On November 17, 2009, Computerworld published an article stating that USCIS will increase H-1B enforcement by conducting 25,000 on-site inspections of H-1B petitioners this fiscal year. This is a tremendous increase over the approximately 5000 site visits that were conducted in the prior fiscal year. The government’s fiscal year runs from October 1 to September 30.

The FDNS (Fraud Detection and National Security) site visits to date appear to be a random sampling of H-1B visa petitions. The FDNS officers typically arrive at a work site unannounced and ask to speak with an H-1B beneficiary by name and the HR or manager on site who can respond to some basic questions. Typically, the FDNS officer is interested in confirming that the H-1B worker is employed by the petitioning employer and is being paid the offered salary. The FDNS officer usually is satisfied when they see a "brick and mortar" establishment. All H-1B employers should be prepared for such site visits and should advise personnel at satellite offices of the possibility of such a visit.

Tougher enforcement measures appear to be in response to a study conducted by USCIS last year that found fraud and other violations in H-1B petitions. Some of this activity also appears to be spurred by allegations made by U.S. Senator Charles Grassley (R-Iowa) as to the legitimacy of the H-1B program.  Alejandro Mayorkas, director of the Citizenship and Immigration Services, in a letter to Senator Grassley stated that the agency began a site visit and verification program in July to check on the validity of H-1B applications. This letter was released on November 15 by Senator Grassley’s office.

"[The inspection program determines] whether the location of employment actually exists and if a beneficiary is employed at the location specified, performing the duties as described, and paid the salary as identified in the petition," said Mayorkas in his letter to Grassley.  

Senator Grassley who has been very critical of the H-1B program is a co-sponsor of legislation that will increase H-1B program enforcement.

H-1B employers will likely again need to contact their congressional representatives to encourage them to support legitimate business use of the H-1B and other nonimmigrant visa classifications.

The Computerworld article can be found at:  http://www.computerworld.com/s/article/9141047/Feds_plan_25_000_on_site_H_1B_inspections?taxonomyId=19.

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