However, these visits should not be feared-you merely need to be prepared and work diligently to always comply with the terms of the H-1B visa. If the inspector has any reason to suspect noncompliance or fraud, he or she may refer the case to Immigration and Customs Enforcement (ICE), which could result in major repercussions for your company and possible deportation for the H-1B employee. Once again, the inspector is seeking to verify compliance with all details from the original petition. The inspector will also want to speak with the actual H-1B employee to ask similar questions about their employment. It is essential that you and the H-1B employee each fully understand these details from the H-1B petition. They will ask questions about the H-1B employee’s position within your company, his or her duties, and their terms of employment. They may want to tour your operation to ensure that the business is legitimate and engaged in appropriate activities. They will want to speak with the sponsor of the H-1B petition, and if he or she is not available, someone of equal authority within the company. Throughout the visit, the inspector will seek to verify information from the H-1B petition, and also that the foreign national employee is still currently employed by your company. You should always request verification of the inspector’s credentials, but once verified, you need to comply with their requests. Thus, the more H-1B employees you employ, the more likely you are to be visited by inspectors. Site visits will be unannounced and conducted on a random basis based on individual H-1B employees. While it is technically not mandatory, it is in your best interests to allow the Fraud Detection and National Security (FDNS) officer access to your workplace and the H-1B employee. Known as the Administrative Site Visit and Verification Program, this policy was instituted in 2009 to better allow for USCIS and the Department of Homeland Security to police and detect immigration fraud and verify the information detailed in certain visa petitions, including H-1B, L-1, and Religious Worker petitions. It is important to remember that USCIS has a legitimate policy that allows them to conduct these random visits to verify the employment of your foreign national employees. ![]() This can be a daunting exercise, but due diligence and an established protocol for dealing with site visits and audits can set you and your employees up for success. If you employ temporary H-1B employees, then you need to be prepared to face random site visits from US Citizenship and Immigration Services (USCIS).
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