USCIS Site Visit of H1B and L1 Teammates Are on the Rise
28 Nov 2022
USCIS has confirmed that they are conducting more visits to employer worksites (both physical and virtual visits) to verify the employment of H1B and L1 visa teammates. USCIS utilizes these visits to ensure that the employer and employee are abiding by the terms and conditions of the H1B and L1 petition. The duration and contents of the visits vary, and may include the following:
Phone call to the company representatives who signed the petitions to ensure that the representative and the visa teammate are real and working according to the specifics listed in the visa petition
Unannounced physical visit to the worksite stated on the petition to verify whether the visa teammate is onsite
Communication with the visa teammate via phone or in person to verify position and compensation
Most in-person or virtual visits last only 10-15 minutes. The USCIS auditor does not issue any report at the end of the visit to the employer or the employee. Rather, the auditor will report back to USCIS. Naturally, if everything “checks out,” neither the employer nor the employee will hear from USCIS again. However, if the auditor has questions or there are discrepancies between the findings from the visit and the pecifics of the petition, USCIS may send follow-up inquiries.
What to do if someone from USCIS shows up?
Do not be “too” alarmed. Such visits are fairly routine. They do not necessarily mean that USCIS suspects something is wrong or has received a complaint. You just might have been randomly selected for a visit.
Ask for identification. Auditors should have business cards and/or employee badges. Make sure you write down the person’s name and contact information.
Have a plan. The receptionist should be briefed on the possibility of a USCIS visit and know who to call if a USCIS representative arrives at the work site. The person who signs the petition should know about each visa teammate. It is best not to indicate that the business is unaware of the visa teammate or that the visa teammate is not onsite. If the name is not immediately recognizable, the company signatory should check with HR or immigration counsel to verify the H1B or L1 employment before responding to any USCIS inquiry.
Arrange a time and meeting date. With many teammates working remotely or in a hybrid arrangement, it is possible that the teammate is not onsite when the USCIS auditor shows up. Stay calm and explain that the teammate is working from home today and ask whether we can call the teammate on behalf of the auditor or arrange another day and time for the meeting.
Accompany the auditor at all times. You should not allow the auditor to enter the workplace unaccompanied. If possible, have the auditor wait in a conference room and have the teammate meet the auditor there. Similarly, a company representative should accompany the teammate during the auditor’s interview. Employer should take notes on questions asked and answers given.
Let your immigration attorney know. If possible, ask the auditor whether the attorney can be present either in person or via phone.
Most of the time, a USCIS site visit is harmless and just a way for USCIS to keep the system honest and weed out any “bad apples.” They are usually over in a few minutes and do not result in any harmful action against the business or the employee. If you have any follow up questions, please do not hesitate to let us know.
