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


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…

Why is USCIS Taking So Long to Renew DACA Work Permits?

If the calls to our office are any indicator, there are thousands of DACA recipients whose work permit applications were filed at least three months prior to expiration, who are still waiting for their renewed work permits.  Without renewed permits, these individuals lose the right to work legally, the right to drive, and may once again accrue unlawful presence.

The DHS published a notice in October 2014 advising DACA recipients that they could file their request for extension up to 150 days (5 months) prior to expiration.  As with all things government, very few of the DACA recipients, who tend not to frequent government websites, knew about the memo and many did not file so far before expiration perhaps thinking that extending a work permit was a like extending a drivers license, its is done in a few minutes.  As an experienced immigration lawyer will tell you, the USCIS does nothing quickly, and certainly does not worry that a person may lose their job or their driver's licens…
Si usted es inmigrante (incluso un ciudadano de los EE.UU.), aquí hay 9 cosas que usted debe saber.

¿Es usted un ciudadano estadounidense naturalizado, residente legal permanente, titular de una visa o inmigrante indocumentado? Le recomendamos que tome los siguientes pasos para protegerse de nuestra versión actual de América.
Las últimas semanas hemos recordado a los inmigrantes, incluso a los ciudadanos estadounidenses naturalizados, que no nacieron en los Estados Unidos. Nuestra oficina ha recibido innumerables llamadas telefónicas, mensajes de correo electrónico y mensajes de medios sociales de personas preocupadas por el futuro de su familia en los Estados Unidos.
La mayoría de gente quiere saber qué puede hacer ahora para protegerse de lo que promete ser una ola de actividad anti-inmigración por parte del gobierno federal. La orden ejecutiva de Trump sobre la aplicación de la ley interior tiene algunas disposiciones que deberían hacer temblar a la mayoría de los estadounidenses. …