| 04 August 2009 |
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USCIS Site Visits to H-1B Employers August 3, 2009 – Employers have recently reported to the American Immigration Lawyer’s Association (AILA), that CIS has secured contractor investigators to conduct thousands of site visits to H-1B petitioners (employers). It appears that such visits are occurring after the H-1B petition approval and employers are randomly selected for unannounced audits. The general nature of the audits appears to include: verification of the employee, verification of employer’s business, and compliance with H-1B conditions as stated on the Labor Condition Application and Form I-129.
Given the prevalence of site investigations, we are reminding H-1B employers to properly conduct annual audits of their H-1B public disclosure files. Regular maintenance of these files is also critical in this climate. We also ask that clients contact us immediately upon the receipt of a call or site visit from a CIS investigator. It is best to work with the investigator to arrange an appointment for an inspection and document review. |