On-Site H-1B Investigations on the Rise
The mission of the Fraud
Detection and National Security (FDNS) Office is to strengthen national security and the integrity of USCIS programs
by detecting, combating and deterring fraud, while simultaneously administering
immigration benefits in a timely and efficient manner. Recently this office significantly increased its fraud investigation
visits at H-1B visa employer sites. There are now approximately 650 dedicated
FDNS officers located in USCIS field offices throughout the U.S. Their primary
responsibilities include: a) Identifying and pursuing immigration benefit
fraud; b) Analyzing local, regional, and national polices and procedures
related to immigration benefit fraud; c) Conducting interviews and
investigations regarding potential fraud; and d) Preparing reports based on
analyses that articulate findings and propose future recommendations.
During a FDNS site visit, the
FDNS officer or a contracted employee visits the employer's address (corporate
headquarters or actual work site) listed on the I-129 form to confirm and verify
specific information from a specific H-1B visa petition. The petition can
either be an approved H-1B visa petition, or a pending H-1B visa petition.
The H-1B employer can request the presence of their immigration attorney during
the site visit; if he/she cannot be physically present, the attorney may be
present via teleconference while the site visit is conducted.
When the FDNS officer arrives,
he/she will likely ask to meet with the individual that signed the H-1B visa
petition, or an employer representative, such as a human resource manager. The
FDNS officer can ask questions about the job duties as well as company specific
information that was provided in the H-1B visa petition. The FDNS officer may
also ask to review certain documents such as tax returns, quarterly wage
reports, job descriptions, pay stubs, and W-2 tax forms. If inclined, the FDNS
officer may also request information about past H-1B visa petitions that have
been filed by the employer; he may also request a tour of the entire work site and
although rare, he may request to take photographs of the work site. Additionally,
the FDNS officer may also ask to speak with the H-1B employee and his/her
direct supervisor to discuss the job duties and requirements for the H-1B position.
In most reported cases, site visits do not last longer than one hour.
Following the site visit, the
FDNS officer reports his or her findings back to the USCIS. The reports and
findings are used to either affirm the approved H-1B visa petition, to approve
the pending H-1B visa petition, to deny the pending H-1B visa petition, or to re-open
the previously approved H-1B visa petition for a potential denial.
While the idea of a surprise and
unannounced site visit can be uncomfortable for many employers, there are
precautions which can be taken to ensure the site visit goes smoothly. Specifically,
an employer should: 1) Review H-1B Visa Petition - Before the H-1B visa
petition is ever filed, the employer should carefully review the entire
petition making sure all of the information submitted to the USCIS is accurate;
2) Request the FDNS officer's Business Card - Employers should request the
name, title and contact information of the person conducting the site visit; 3)
Contact Immigration Counsel - Employer's immigration counsel should attend the site
visit, either in person or via teleconference; 4) Witnesses Present - Employer's
should make sure their employees speak with the investigator only in the
presence of a witness (If this is not possible, detailed notes should be taken
by the employee being interviewed); 5) Documentation - Employer should maintain
a complete copy of the I-129 Petition and supporting documents for their
records; 6) If the employee works off-site, the off-site facility should be
made aware of the potential site visit; and 7) Keep a record of all places
visited by FDNS Officer during the site visit.