Skip to main content

USCIS Expands Worksite Inspection Program to L-1 Employers

The Fraud Detection and National Security Directorate created and implemented the Administrative Site Visit and Verification Program in July 2009 as part of its ongoing enhancement to the integrity of the immigration benefit process. Under the Verification Program, Inspectors conduct unannounced pre- and post-adjudication site visits to verify information contained in certain visa petitions. 
Recently, there has been increasing talk about USCIS Inspectors performing unannounced workplace visits to L-1 employer worksites. It is expected that unannounced workplace visits will increase in number and frequency this year.
Inspectors may perform any of the following tasks at worksite visits:
  • Verify the information submitted with the petition, including supporting documentation submitted by the petitioner, based on a checklist prepared by USCIS
  • Verify the existence of a petitioning entity
  • Take digital photographs
  • Review documents
  • Speak with organizational representatives to confirm the beneficiary's work location, employment workspace, hours, salary and duties
When an Inspector appears unannounced, the receptionist should notify the designated company representative and lead him to an unoccupied conference room. The designated company representative should request for identification and a business card. Before providing any information or answering any questions, the designated company representative should notify the Inspector that his/her credentials will be verified and that the company requests counsel to be present during the investigation. Once the Employer has verified the credentials, the Employer should immediately call its attorney. Often if an attorney cannot attend in person, he or she can attend over the phone, or ask the Inspector to reschedule the visit.
USCIS provides Employers and their representatives of record (if any) an opportunity to review and address the information before denying or revoking an approved petition based on information obtained during a site inspection. However, as is always the case when dealing with USCIS, an ounce of prevention is worth a pound of cure. 
Employers should speak to their attorney to make sure that your L-1 worksite is in compliance before receiving a workplace visit. Employers that have not already done so should take the time to develop a response plan in the event of a U.S. government agency audit or investigation Additionally, Employers should contact their attorney as soon as they are notified that an inspector will be or is conducting a site visit.
Kuck Immigration Partners has assisted companies with prior onsite investigations, and can assist companies with planning for, and responding to, sudden inspections made under the Verification Program. For a list of things that you should consider as proactive measures, please contact Charles Kuck directly at ckuck@immigration.net.

Comments

Popular posts from this blog

If You Are An Immigrant (even a US Citizen), Here Are 9 Things You Should Know

Are you a Naturalized U.S. Citizen, Lawful Permanent Resident, Visa Holder, or an Undocumented Immigrant? We recommend you take the following steps to protect yourself in our current version of America.
The last couple of weeks have reminded immigrants, even naturalized U.S. citizens, that they were not born in the United States. Our office has received countless phone calls, emails, and social media messages from people worrying about what their family’s future in the United States holds.
Most people want to know what they can do now to protect themselves from what promises to be a wave of anti-immigration activity by the federal government. Trump's Executive Order on Interior Enforcement has some provisions that should make most Americans shiver.  We recommend the following actions for each of the following groups:
Naturalized U.S. citizens. In particular if you have a foreign accent, and you are traveling within 100 miles of any US Border (including the oceans), we strongly rec…

LOS DERECHOS DE LOS EXTRANJEROS EN LOS ESTADOS UNIDOS

Todas las personas en los Estados Unidos, incluidos los extranjeros y aun los con ordenes de deportacion, tienen ciertos derechos básicos que deben ser respetados por los agentes de Inmigración y Aduanas (ICE). Estos derechos se derivan tanto de la Constitución de los Estados Unidos. y las leyes de Estados Unidos. Como extranjero, usted tiene los siguientes derechos:

SU DERECHO A DENEGAR LA ENTRADA A SU CASA
Usted tiene el derecho de negar la entrada a un agente de ICE a su casa sin una orden válida. Esta orden debe ser firmado por un juez. Usted puede negarse a abrir la puerta, o se puede cerrar la puerta después de descubrir que el agente no tiene una orden válida. Los agentes del ICE generalmente no vienen con una orden judicial. Estos agentes suelen venir a la casa de alguien con una orden final de deportación, muy temprano en la mañana. Si alguien está golpeando en su puerta a las 6:00 am, no le es requerido abrir la puerta. Mirar fuera de primera. Si es un agente del gobierno, ust…

MY TOP 4 TAKEAWAYS FROM THIS WEEK'S TRUMP-INDUCED DREAMER NIGHTMARE

MY TOP 4 TAKEAWAYS FROM THIS WEEK'S TRUMP-INDUCED DREAMER NIGHTMARE

11.  Jeff Sessions is not only cold, smug and heartless, he also lies.  I may have cracked a molar grinding my teeth watching Sessions try not to smile as he gleefully read the statement that essentially ripped the heart out of 800,000 young people.  But what struck me the most were the blatant nativist lies and misinformation he spewed.  To name just a few: “DACA…contributed to a surge of minors at the southern border.”  Really?  So the surge didn’t start well before DACA due to the extreme violence and abject poverty in Honduras, El Salvador and Guatemala?  Or maybe those kids were just clairvoyant, and they saw DACA coming years in advance.  If the kids did in fact know about DACA, they would have known that they didn’t qualify unless they had been in the U.S. before 2007.      DACA granted immigrants “benefits, including participation in the Social Security program…”  This is patently false, unless by participati…