USCIS Site Visits to H-1B Employees
During an ICE or USCIS site visit, Employer Representatives may try to limit the investigators’ access to certain portions of the employer’s facility. The investigators may request certain documents, including an employee’s H-1B petition. Employers should be prepared for a site visit and assume that all of the information they provided on the H-1B petition is correct. Employer representatives should take notes of any additional thoughts that come to mind.
Employer representatives may seek to limit access to certain portions of the employer’s facility
ADA-required reasonable accommodations are also covered by this law. For example, employers may require their employees to wear protective gear and gloves or follow certain practices regarding infection control, such as social distancing and regular hand washing. The employer should consider any reasonable accommodation requests and make modifications if necessary. For h-1b employees with certain medical conditions, the employer should provide appropriate information about such accommodations.
Depending on the nature of the disability, accommodations may include temporary adjustments to work schedules, decreasing contact with coworkers and the public, and moving the employee’s work location to a location where they can experience less social distancing. If the accommodations aren’t feasible, the employer may seek to limit access to specific portions of the employer’s facility or hire temporary workers.
If employers decide to limit access to certain parts of the employer’s facility for h1b employees, they may be violating the ADA. Moreover, myths and stereotypes about HIV may also prevent employees from returning to work. But if they are medically fit and don’t pose a direct risk to others, this accommodation is appropriate.
Often, an employee will have to notify the employer of the disability, and the employer will determine whether or not the requested change would be an appropriate one. If it is, the employer may request information about the disability or limitations of the employee and may ask for medical documentation. However, this process may be lengthy, as the employer must assess the effectiveness of the accommodation and decide whether to continue.
Documents requested by investigators
FDNS or foreign national services agents may request documents during USCIS site visits to an H-1B employee. It’s best to make sure that these investigators have proper identification and USCIS credentials before allowing them to view documents in the work site. If an investigator wants to photograph something or interview an employee in a secure area, make sure that the representative of the employer politely declines their request. It’s also wise to inform the investigator that you have another witness to speak with.
The immigration officers typically follow a checklist when conducting a site visit. These questions include the type of business the employer operates, the number of employees, and the foreign national’s employment status. They also ask about the foreign national’s qualifications and educational background, as well as whether he or she has any previous employment in the United States. The officers may also inquire about the foreign national’s legal status and dependents’ residence in the United States.
An investigator may also ask questions about the company and H-1B employee’s duties, salary, and educational qualifications. In some cases, they may ask to tour the company’s office or department. If they can, a designated representative of the company should accompany the investigators. If the company does not have a designated representative for the investigation, the investigator should refer the inquiry to its corporate counsel.
During a USCIS site visit, the investigator may speak with the H-1B employee’s supervisor or co-worker. Additionally, the investigator may take pictures of the work site. The average site visit should last about an hour. The investigator will verify the accuracy of the information provided in the H-1B petition and the required documentation. If the employer fails to produce these documents, the investigation is likely to reject the petition.
Unannounced USCIS site visits
If you’re a company with a large number of h-1b employees, you may be receiving unannounced USCIS site visits. Although they’re not meant to target nonimmigrant employees, they are a way to identify employers who are abusing the system. If you suspect that your business may be subject to these site visits, USCIS has set up an email address for tips on fraud and abuse involving H-1B employees. Upon receiving tips, they will use this information for their investigation and refer the tips to appropriate law enforcement agencies.
Unannounced USCIS site visits are a new initiative by the Department of Homeland Security (DHS). These inspections are paid for by the $500 “Anti-Fraud” fee that employers pay to the government when they sponsor an H-1B specialty occupation worker. While the USCIS’s site visits are not a new policy, they represent an increasing trend in the Department of Homeland Security’s enforcement efforts. In June 2009, USCIS audited 650 employers in one week. This year, the DHS plans to start a new initiative with site visits to H-1B employers.
If you get approached by the USCIS, you should politely ask to meet with someone at the U-M Faculty and Staff Immigration Services (FSIS) Office in the International Center. The FSIS office prepared U-M’s H-1B paperwork and can help answer questions. However, if your company isn’t prepared for an unannounced USCIS site visit, it may be subject to significant penalties and may cause you to fail to file future H-1B petitions.
If you’ve ever received an unannounced USCIS site visit, be sure to contact your immigration attorney immediately. While the FDNS does not reschedule site visits, it is allowed for counsel to attend. If you’re unable to attend the site visit, you can make sure that counsel is on hand by writing a thorough description of the visit.
ICE site visits
If you suspect that your company is the target of an ICE site visit, you should take detailed notes during the visit. Take the time to document the documents provided by your organization, and have a representative with you during the site visit. Make sure to keep copies of all documents and ask for a photo of the officers. ICE may decline to allow you to accompany a representative during the visit, so make sure that you remain available.
ICE site visits may also involve questions about the duties of your STEM OPT trainees, including their hours and compensation. Documents for wages and other compensation should be available for inspection. It’s important to ensure that these site visits are focused on the STEM OPT program, and that you don’t engage in other types of workplace enforcement. ICE officers may also address immigration-related violations, but should refer them to the appropriate agency if you suspect illegal activity.
Employers should inform their employees that USCIS is conducting site visits. In addition to notifying the employee, the company should notify office staff about the site visits, and should designate a contact person for these inquiries. Larger companies may also want to designate someone from the Human Resources or employee department. ICE site visits to h-1b employees may involve a home visit and interview. If you do not provide a contact person for your employee, the employer may find it difficult to hire him or her.
In order to protect your business from ICE site visits, employers must keep detailed records of all documentation. FDNS investigators should keep a written record of everything they observe, including any questions they ask or answers given by the employee. The documentation should also include a photo of the company’s facility or office. The company representative should also write down the questions posed by the FDNS investigator and the answers provided by the employees. Ultimately, this documentation can help you defend yourself against the allegations of illegal employment.
Withdrawing an H-1B petition if an H-1B employee’s employment ends before the end date listed on the H-1B approval notice
If your H-1B employee’s employment is terminated before the H-1B end date, you should consult with an experienced immigration attorney immediately. There are various remedies available and the best one depends on the specific facts of the situation. An experienced immigration attorney can help you determine the best course of action and how you can stay lawfully in the United States.
If your H-1B employee’s employment ends before his or her H-1B approval notice expires, you may want to consider a new employer. Once an employee has been counted once in the H-1B cap, they don’t have to compete for H-1B status again for a certain amount of time. However, if you leave the country for one year or more, you must compete in the H-1B cap again. To avoid this, you should file your new H-1B petition before your employee’s employment ends.
If you are faced with this situation, it is best to be honest and compassionate with your employee. While it may be difficult to give your employees a 60-day notice before the termination date, it will ensure that the employee is aware of the change in status and can prepare for the change of visa. If the termination of employment is unavoidable, it is best to file for change of status and employer petitions as soon as possible.
UC Berkeley employees are exempt from the H-1B cap, so their petitions will not be affected by the cap. If your employment ends before the end date listed on the H-1B approval notice, you can still transfer your employee’s I-20 to another employer in the U.S. or request an I-20 transfer. Otherwise, you must leave the country immediately if your H-1B status is revoked or cancelled.