212-986-0947
info@richardnewmanlaw.com

News

USCIS Worksite Insection Program Expanded to L-1 Employers

  • February 12, 2014
  • Richard Newman

U.S. Citizenship & Immigration Services (USCIS) has conducted employer site inspection visits for several years under the agency’s Fraud Detection and National Security (FDNS) program. Under the program, a USCIS officer will visit an employer’s workplace unannounced to follow up on a particular visa petition to determine whether the employer and employee are in compliance with the information in the particular petition. Until recently, USCIS has focused on H-1B employers. However, USCIS has now expanded the workplace visit program to include L-1 employers. The L-1 work site visits are not yet widespread but are likely to become more frequent in the future.

The expansion of site visits to L-1 employers is new. L-1 visas are granted to managerial and specialized employees being transferred from parent companies in Japan and other countries to their subsidiary companies in the US. Initially, it appears that USCIS is targeting L-1 extension cases filed with USCIS Service Centers, with a focus on “new office” L-1 cases.

USCIS inspectors are expected to review L-1 job duties to determine whether they are consistent with the foreign employee’s classification as an L-1A executive of manager or L-1B specialized knowledge worker. Some reports indicate that inspectors are also reviewing the salaries of L-1 employees to see whether they are consistent with their job type and experience level.

The site visits are used to verify the following:
-Existence of the employer;
-Validity of information in the employer’s immigration visa petition.
-Whether the foreign employees are working in compliance with the terms of their US visa.

The inspectors usually visit the workplace unannounced. In some cases, they may contact the employer in advance to set up an appointment. The officers usually spend from 30 to 90 minutes at the worksite. The officer usually asks to speak to the HR Manager as well as the foreign employee, and their immediate supervisor. They may ask for payroll records for the employee. They may want to photograph the office.

After the inspection, the officer may contact the employer to request additional information.

If the officer finds differences between the information provided and what’s on the visa application, they may notify the employer of their intent to revoke the visa petition and provide the employer with an opportunity to explain the differences.

Employers must be prepared for the possibility of site inspections. They should prepare HR and administrative staff to respond appropriately to the officer’s questions. Employers may also wish to contact their attorneys regarding these visits.

Richard A. Newman
Attorney At Law
rnewman@richardnewmanlaw.com