Immigration Lawyer Ari Sauer – The Immigration Answer Man

Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.

Immigration Site Visits to H-1B Employers

Today’s post is by guest poster attorney Lynn Susser:

The USCIS has started conducting random Site visits to determine if H1B employers and employees are complying with the terms of the H1B and the LCA. In other words, they are checking to make sure the company is legitimately doing business as it says in the petition and to see if the person is doing the job that was described in the petition, working the same hours, and earning the salary that was certified on the LCA.

The officer will identify him or herself as a USCIS Site Inspector and will present an official government issued identification. If they do not have such identification, the employer can request that they return when they have it and should notify their attorney immediately.

The Inspector will ask to speak to the HR person or the person that signed the I-129. If that person is unavailable or no longer with the company, the employer should explain this to the Inspector. If they have someone else available that they feel confident can answer the questions, they should offer to have that person speak to the Inspector. If not, they should ask them to return on a day that the HR person is available.

The Inspector will also ask to speak to the foreign national that is the beneficiary of the relevant petition assuming they are working at the same location. If they are at a different location it is likely the Inspector will visit that site as well.

The Inspector will ask both parties questions about the position held by the H1B worker including the title of the job and the duties, the salary being paid, the hours being worked, and the actual location of the work.

Below is the list of questions the Inspector has to answer on his evaluation form:
1. Does the facility visually appear to be that of the petitioning organization?
2. Was an organizational representative authority present?
3. Did results of site visit suggest the presence of a legitimate organization?
4. Did the organization have knowledge of the beneficiary and the petition filed on behalf of the beneficiary?
5. Was the beneficiary working for the organization?
6. Was the Inspector able to identify and speak to the beneficiary?
7. Was the beneficiary knowledgeable, cooperative, and forthcoming with questions posed?
8. Was the beneficiary being paid the salary as indicated?
9. Was the beneficiary performing the duties as indicated?
10. Does the Inspector recommend further inquiry?

There is no way of knowing if a particular company will be chosen for a site inspection. Any H-1B petitioning employers or H-1B beneficiary employees with questions should consult with an immigration law attorney.

I welcome your comments or questions!

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This entry was posted on October 26, 2009 by in Uncategorized.
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