Fact patterns

Always be prepared.

The USCIS came for a visit

If you hired an H1-B employee, then it is a good idea to be aware of the occasional site visits that are done by the USCIS’s Fraud Detection and National Security Division.

These are surprise visits. The USCIS officer shows up at the location that is stated in the I-129 form.  The officer will ask to speak to the H1-B employee/s. The officer will ask to see the H1-B employees ID. and request a copy of the employees most recent pay-stub.

The questions the officer asks are considered to be simple. Examples of questions: How many hours do you work a week? Did you pay the cost of your H1-B visa?

The employee will also be asked to fill out a questionnaire with the details of his position.

If the officer asks to see multiple H1-B employees at the same day and it is not possible then you can tell him to schedule another time to come in.

Participating in the site visit is voluntary, but strongly encouraged. You might not want to give off a feeling that you are trying to hide something. The petitioner or beneficiary can request the site visit be terminated at any point.

You may get a follow up call requesting more information. Once the visit is complete site inspectors document their observations in a Compliance Review Report. Site inspectors do not have the authority to make any decisions regarding immigration benefits.

After completing the inquiry, the Compliance Review Report becomes part of the record. If the report indicates fraud, USCIS will decide if there needs to be further investigation. Depending on the evidence, the case may be sent to the US Immigration and Customs Enforcements.

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