Meyner and Landis LLP Immigration Law Group
Best Law Firms - Regional Tier 1 Badge

Immigration Topics:

Archives:

Immigration Links:

  • 02Dec

    Primer on Response to Field Visits from USCIS Personnel

    USCIS News Comments Off on Primer on Response to Field Visits from USCIS Personnel

    Background

    A USCIS site visit is an unannounced inspection carried out through employees or contractors with the Fraud Detection and National Security Directorate (“FDNS”) to ensure that an employer is complying with immigration laws and regulations. The purpose of the visit is to verify the information submitted with the petition filed on behalf of a specific foreign national (FN) and to assess the employer’s compliance. More specifically, FDNS is generally looking to verify two things: (1) the Employer is a real operating business entity; and (2) the FN who was sponsored is a “legitimate” employee.

    Preparation Before a Site Visit

    The key to reducing the anxiety associate with a site visit is to prepare, in advance, all FNs, HR personnel and documentation. Employers should establish a best practice or procedure for site visits, and ensure that all HR and public facing employees are trained on the procedure. This includes:

    • Appointing a specific individual to serve as the point of contact for FDNS. Preferably this person should be an HR manager who has in-depth knowledge of the company’s FNs and immigration procedures.
    • Ensuring that everyone in the company (including receptionists, greeters, and security) knows who this point of contact is and how to reach them if FDNS arrives.
    • Conducting an internal review to ensure that each FN who is employed on a temporary employment-based visa (e.g., E-3, H-1B, H-1B1, L-1, O-1, or TN) is working in a capacity that is consistent with the job duties, work locations, and salary listed in their immigration petitions.
    • Ensuring that Public Access Files (“PAFs”) are current for any FNs employed in E-3, H-1B or H-1B1 visa classification.
    • During onboarding, FNs should be advised about the possibility of FDNS site visits and should be provided with a copy of their immigration petition.
    • Ensuring that copies of filed immigration petitions are kept in a centralized location that is well-organized and easy to access in the event of a site visit.

    See additional Primer details, including possible questions an Employer and FN might be asked by FDNS during a site visit. Click here: PRIMER ON FDNS Audits

    If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.