Are you an employer that hires H-1B employees? If so, read on. If not, class dismissed.
U.S. Citizenship and Immigration Services (USCIS) created the Fraud Detection and National Security Directorate (FDNS) (scary government name) to investigate those receiving an immigration benefit — like an H-1B visa — to confirm that they are in fact doing what they are supposed to be doing under the terms of the approved petition. A much loftier explanation of their role can be found on the USCIS website. FDNS subsequently created the Administrative Site Visit and Verification Program (ASWP).
My point here is that if you employ H-1B employees you need to be aware of the fact that USCIS is conducting unannounced on-site audits concerning your H-1B employees. One way to do this is make sure your managers and H-1B employees are aware of the potential for a site visit. The site inspectors have been know to be rather aggressive in their questioning and it is important to set boundaries. While you want to be helpful and allow the H-1B employee to speak with the site inspector regarding their employment and other terms of the H-1B petition, keep the interview to the matter at hand, namely the H-1B petition.
Rumour has it (name that singer) that site visits are increasing, sometimes happening more than once, so be prepared. This is not an exhaustive “to do” list, but one step would be to ensure that both the H-1B employee’s manager and the employee have both reviewed the H-1B petition that was filed. If they do not know an answer, rather than guess, inform the site inspector that you will follow up with them. Which means you need to get the agent’s full name and contact information. Inform the head of your HR department that a site visit has occurred and contact your immigration counsel to inform them about the site visit. A site inspector will not reschedule a site visit in order to speak to counsel. All of this circles back to the idea that it is a good business practice to have in place a plan when you are visited by government agents, be it FDNS site inspectors, ICE agents, OSHA or the Department of Labor.
To learn more about what site inspector’s are instructed to do during an on-site visit click here.