USCIS Site Visiting and Its Efforts to Ensure Employers' H1B Compliant

Employer may Request Identification from Site Inspector: Site inspectors should have proper identification and USCIS credentials, and show these to the employer. Employers should always ask for the identification of any persons claiming to be acting on behalf of the government. The site inspectors will want to speak with the H1B petitioner (the individual who signed the H1B petition). If s/he is not available, the site inspectors will seek out an appropriate alternative who has authority within the company.

Employers should discuss the possibility of such visits with their human resources (HR) or other appropriate personnel. If an employer wishes to have an attorney present, the inspector should be informed and additional time requested, if needed.

Inspector's Observations on Employer's Bona Fides and Operation: The inspector will look at the public aspects of the employer's premises to determine if the address on the petition appears to be that of the petitioning organization. The signage will be examined for the name of the business. Neighboring businesses or residents may be asked to verify the location and existence of the business. The type of premises will be noted, and photographs may be taken.

With permission from an organizational representative, the site inspectors will tour the facilities. The purpose is to determine if the business appears to be legitimate and engaged in appropriate business activities.

Employer Questioned on H1B Employee, Job Duties, and Other Details: The site inspectors will ask the selected company representative general questions about an H1B foreign national. These questions will cover information taken from the H1B petition and will cover the position, duties, and terms of employment.

The site inspectors will attempt to verify whether the beneficiary is currently employed by the H1B sponsor. If the individual is employed with the company, the USCIS will ask for proof. If the individual is not employed by the company, the USCIS may inquire as to whether the employer has information about the foreign national's location and current employment. This is one of several reasons it is important for H1B employers to properly document employment terminations. However, employers are not responsible under the law for tracking their former employees.

Questions to H1B Employee Often Include H1B Work and H1B Filing Fees: The site inspectors will want to speak to the H1B beneficiary, who will be asked to show his/her identification. The purpose of this discussion is to determine if the H1B beneficiary's employment is consistent with the terms and conditions in the H1B petition. The H1B beneficiary will be expected to speak knowledgeably about her/his position and employment. There may be questions regarding the foreign national's educational background. The site inspectors also may inquire into payments made by the employee in connection with the filing of the H1B petition. http://www.greencardapply.com/news/news10/news10_0415.htm