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USCIS Site Visits

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The U.S. Citizenship and Immigration Services (USCIS) Fraud Detection and National Security Directorate (FDNS) regularly conducts random on-site inspections of H-1B sponsoring employers as part of its Administrative Site Visit and Verification Program. The objective of these unannounced on-site visits is to detect fraud and abuses of the H-1B visa program.

USCIS officers will sometimes contact ISO; however, sometimes USCIS directly contacts/visits the employing department or the H-1B employee at their work location, unannounced. These visits should not be a cause for alarm as they are, generally, routine and H-1B cases are selected at random.

During the visits, USCIS will seek to confirm various aspects related to the employment of an identified foreign national, including the identity of the petitioning employer and H-1B beneficiary, as well as verifying compliance with the overall terms and conditions of the H-1B visa program.

It is imperative that the University provides USCIS with any required information in a timely manner. Failure to pass a site inspection could result in significant penalties, including the inability to file future petitions. If you have any questions or concerns, please contact ISO.

ISO strongly recommends that departments and employees cooperate with the USCIS officials making the site visits. We also require that ISO be notified as early as possible in the event a USCIS official does approach you to conduct an inspection.

 

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H-1b employees
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Department administrators

H-1B employee information

In the event you are approached by a USCIS official conducting an unannounced site visit, it is very important that you keep in mind and follow a few general guidelines.

  • Do not assume there is a problem with your case. Most H-1B cases are chosen at random.
  • It is unlikely that you will be contacted before the visit. USCIS will simply come unannounced to your worksite.
  • Once approached by a USCIS official, politely and immediately request that you be allowed to contact the ISO (if ISO filed your H-1B petition) or Harter Secrest & Emery (HSE) (if HSE worked on your H-1B petition). Advise the official that ISO/HSE prepared and filed the H-1B paperwork on your behalf, and, accordingly, that they may be able to provide additional information. (Do we want the employee to contact DPS to verify the officer’s identity?)
  • Next, you should answer the very basic questions the official may have regarding your employment. Examples of some general information that you should be prepared to provide the official include providing photo identification, confirming details provided in an employee’s H-1B petition and confirming/inspecting the work location for the given employee. Some typical questions you may be asked are:
    1. What is your job title?
    2. What is your salary?
    3. How many hours do you work?
    4. What are your job duties?
    5. Explain your qualifications for the position.
  • If the USCIS official asks you a question that you are not certain how to answer, or a question that would require reviewing the university records (i.e., payroll records or job descriptions) let the official know that you do not have that information. If they require the information to complete the visit, refer the official to your department administrator.
  • If you are unable to contact ISO at the beginning of the visit, you must do so immediately afterwards. Also, be prepared to relay the details of the visit to the ISO representative.

Please notify ISO immediately if there have been any recent changes to your employment situation (e.g., title, duties, salary, job location, or hours worked) or if a USCIS official visits your unit.

Department administrator information

Immigration regulations require that the H-1B worker continue to always work as described, and under the same conditions, as listed in the petition. Therefore, departments should be able to confirm that the employee is performing the same work as described in the H-1B petition and has always been paid the required prevailing wage. Any changes in these employment conditions that have occurred after the filing of the initial H-1B petition require the filing of an H-1B amendment.

Copies of H-1B petitions filed on behalf of your department by the International Services Office (ISO) are available from the ISO; for H-1B cases filed by Harter Secrest & Emery (HSE), please contact HSE directly, per their instructions.

The employee should also be able to accurately relay all information that was listed on the H-1B petition. This will include salary, number of hours worked, job title, job duties and job requirements.

The department’s administrator may also be asked to provide university records to verify the H-1B visa holder’s employment such as payroll records, job description and other employment records. We recommend that you provide the information that you have and contact ISO/HSA for information regarding the H-1B petition.

During site visits, USCIS officers typically work from a standard list of questions. 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 about the employer’s overall use of specific immigration programs. In addition to conducting interviews, the officer may ask to tour the employer’s premises or examine the foreign national’s work area and may also request payroll records and other documentation pertaining to the foreign national’s employment. The officer may also take pictures of the workspace, worksite office or classroom. The officer is not permitted to take photos of any labs.

Guidelines if you are contacted by a USCIS officer for a site visit:

  • As with any government officer or government contractor, ask to see their badge and/or identification. Please take note of their name and ID number, if applicable. (Contact DPS to confirm their identity?)
  • Notify ISO that you received/will receive a visit from USCIS.
  • If you are unable to immediately answer any particular question, explain to the officer that additional time is needed to consult with ISO.

Reminder: When an H-1B petition is submitted on behalf of the department to USCIS, we are attesting to specific statements about the position, title, salary, hours, duties, degree requirements, and location. If any of these aspects of the H-1B employees’ work changes, the University may need to file a new petition before the changes are implemented. For this reason, H-1B employees and their departments must notify ISO in advance about any changes in employment or employment termination.