knockingEmployers who have sponsored employees for H-1B visas should be aware that the Department of Homeland Security / U.S. Citizenship and Immigration Services (USCIS) has been conducting random, unannounced, on-site inspections. Reports indicate that the USCIS Administrative Site Visit and Verification Program will visit 20,000 sites in an attempt to uncover fraud and abuses of the H-1B program.

It is our understanding that the investigations are being done by contracted workers (including former Immigration Customs and Enforcement officers and former USCIS adjudicators). These investigators may request to speak with company representatives and H-1B visa holders and review files in order to confirm that the employer is complying with the terms and conditions of the H-1B visa program.

Before there is a knock at the door, employers should make sure their files are well-maintained and accurate. Employers should also ensure that policies are in place instructing employees how to respond to the arrival of investigators.

In addition, government agencies do communicate with each other. Scrutiny by one government agency can encourage scrutiny by another. This is yet another reason to make sure your company’s I-9 forms are in order and that you have strong I-9 policies in place.

If an investigator knocks, or you need help developing the appropriate policies, GoffWilson can help.