Email this page

X

Send this page to a friend:

Send to (Email): Sent By (Email):

Immigration

USCIS Increases “Surprise Audit Visits” to Employer Worksites

October 7, 2009

U.S. Citizenship and Immigration Services (USCIS) has expanded its site visits to employers that sponsor foreign workers, particularly in the H-1B and L-1 visa categories. Conducted by USCIS's Fraud Detection and National Security (FDNS) unit, these site visits are typically unannounced. The visits are conducted to verify the existence of the employer, the information the employer has provided in immigration petitions, and whether sponsored foreign nationals are working in compliance with the terms of their admission to the United States. Although the FDNS unit has conducted employer site visits for some time, it has recently begun to add more staff and broaden its investigative efforts. In the past, site visits usually pertained to already-approved immigration petitions. However, the agency is more frequently using site visits to verify information pertaining to petitions that are pending.

When an FDNS officer appears at your premises, we recommend that employers verify the officer’s identity. During the site visit, the officer may ask to speak to an employer representative, such as a human resources manager, and may also ask to meet with a sponsored foreign worker. FDNS officers commonly ask about the employer's business; the worksite; the number of employees; whether the employer filed the immigration petition in question; whether the foreign national is actually employed by the employer; the foreign national's position, job duties, and salary; and the foreign national's qualifications for the position, educational background, previous employment and immigration history, residence, and dependents in the United States. The officer may also ask to view the employer’s premises and/or see the foreign national’s work area, and may want to photograph the premises. Furthermore, FDNS officers may request payroll records or paystubs for the foreign national, or an organizational chart.

You may ask to have counsel present during the site visit, especially if Form G-28, Notice of Appearance of Attorney, has been submitted. This form confirms that the company has legal representation in connection with each petition it files. FDNS officers will not typically reschedule a site visit so that an attorney can be physically present, but may agree to allow counsel to be present by phone. In the alternative, you may contact your attorney with questions during the course of the site visit. If the officer is resistant, you should explain that having the company’s immigration counsel present or available by phone will help the employer respond fully and accurately to the officer’s questions and requests for information.

If your company is contacted by an FDNS officer, you should call a member of the Immigration Practice Group at Hodgson Russ immediately to discuss options, including the possibility of having counsel present during a site visit.