H-1B Site Visits

USCIS is conducting unannounced site visits to randomly selected companies sponsoring H-1B visas. USCIS says that some such 40,000 site visits will be conducted. So, the odds of a visit are high. I also anticipate in the future that there will be site visits for L-1 and possibly other work visas. USCIS is using contractors not USCIS officers.

Here are some guidelines:

· USCIS has a legitimate interest in verifying that the company exists and the H-1B worker is appropriately employed. However, USCIS is not allowed to compromise proprietary processes, information and trade secrets by touring the company or taking photographs on the premises. It is essential that accurate information be provided by a knowledgeable management team member about the H-1B employee's terms of employment including the job duties and salary. Inadvertent misinformation provided by, for example, a receptionist, may cause complications for the employer and H-1B worker. It is important to alert reception personnel that a site visit may happen and who will be the only person designated to talk with the inspector.

· Problems might arise by innocent characterizations provided about job duties, the job title, and salary which may seem different from those on the H-1B visa petition. For example, the H-1B petition may contain the generic job title of “software engineer” but the employer's internal title is “technical staff.” Or the H-1B petition may describe the job in lay terms, but the investigator is given a technical job description he/she does not understand. Or perhaps the employee provides his net pay instead of gross. For this reason the management team member and the H-1B employee should be familiar with the H-1B paperwork.

· USCIS guidelines provide that a site visit will be terminated if an employer requests presence of a lawyer. But I have heard conflicting reports as to whether this is happening in practice. You should evaluate your situation to decide how you wish to respond to a site visit. If you are more comfortable with counsel present, get me on the phone and we can discuss it with the inspector together.

· I recommend cooperation with the site inspector so long as safeguards are in place to be sure accurate information is provided.

If you would like to discuss this further, please call me or Hope Frye. Hope is an expert on worksite enforcement.