How to Prepare for a USCIS Site Visits

If your company employs skilled foreign workers on visas like the H-1B, L-1, or EB-5, you may experience an unannounced visit from U.S. immigration officials. These visits are part of the U.S. Citizenship and Immigration Services (USCIS) efforts to ensure that your business is following all immigration laws and that foreign employees are working under the conditions stated in their visa petitions.

While these site visits may seem intimidating, they are a normal part of the immigration process. In this article, we will walk you through what to expect during a worksite visit and how you can prepare to handle one smoothly.

What Are Worksite Visits, and Why Do They Happen?

Worksite visits are conducted by USCIS officers from the Fraud Detection and National Security Directorate (FDNS). The main goal of these visits is to ensure that:

Employers are following immigration laws.
The details provided in the foreign worker’s visa application match the actual job conditions (like job responsibilities, salary, and work location).

These visits typically happen after a worker’s visa has been approved and they are already employed in the U.S.

Though the process is voluntary, USCIS strongly encourages both employers and employees to cooperate. If the employer or employee refuses to participate, the FDNS will complete their review using other available information and document the situation.

Which Visa Types Are Subject to Worksite Visits?

USCIS conducts site visits for several visa categories, including:

H-1B visas (nonimmigrant work visas for skilled workers)
L-1 visas (for employees transferring within their company to a U.S. branch)
EB-5 visas (for immigrant investors)
Special immigrant religious worker visas

If you employ workers with these visa types, you should be prepared for the possibility of a site visit.

How to Prepare for a USCIS Worksite Visit

To help ensure your worksite visit goes smoothly, here are some key steps you can take:

1. Designate a Company Representative

The immigration officer will want to speak with the person who signed the visa petition (the “petitioner”). If that person is unavailable, make sure someone else is authorized and prepared to interact with the officer. This could be an HR representative, a senior manager, or another company official.

2. Inform HR and Legal Counsel

Your HR department and legal team must be aware of the possibility of worksite visits. If you prefer to have an attorney present during the visit, you can request this from the officer. If additional time is needed, you can also ask the officer for an extension.

3. Verify the Officer’s Identity

When an FDNS officer arrives, you have the right to ask for proper identification and verify their USCIS credentials. This is a standard procedure to ensure that the individual is legitimate. If in doubt, request identification before proceeding with any interviews or inspections.

4. Site Inspection

The first part of the visit will involve the officer confirming the company’s physical address. They may also ask nearby businesses or residents to verify that your company exists at the given location. This is to confirm that the business is operating where it was registered.

5. Facility Tour

If you agree, the officer may ask for a tour of your facility. The purpose of the tour is to ensure that the business activities are legitimate and that the workplace aligns with what was stated in the visa application.

6. Employee-Related Questions

The officer will likely ask about your foreign employee, including:

The specific job title and responsibilities.
The employment terms (such as salary and work conditions).
The employee’s current status and whether they are still performing the job as described in their visa petition.

7. Public Access Files

For companies with H-1B workers, the officer may want to review the public access files. These are documents that must be available to the public and include details about the foreign worker’s employment, like the job description, wages, and other key information.

8. Employee Interview

The officer may interview the foreign worker directly. During this interview, the employee will need to confirm their job duties, role, and educational background. The purpose is to make sure their employment matches what was outlined in their visa petition.

What Happens After the Worksite Visit?

While FDNS officers conduct these inspections, they do not make decisions about immigration benefits (like approving or denying a visa). Instead, they will prepare a Compliance Review Report, which is sent to USCIS. If the report shows any issues, such as discrepancies between the visa petition and the worksite, USCIS may:

Investigate further for fraud or noncompliance.
Refer the case to Immigration and Customs Enforcement (ICE) for potential criminal investigation if there are signs of serious wrongdoing.

Preparing for a Smooth Worksite Visit

Worksite visits may seem daunting, but with the right preparation, they don’t need to be stressful. The key to handling these visits is to:

Have a designated representative ready to speak with the officer.
Inform HR and legal counsel ahead of time so everyone knows what to expect.
Confirm the officer’s identity and ensure they follow proper procedures.
Keep accurate records about your employees and their work conditions, especially if you employ foreign workers on H-1B or other visas.

How to Verify the Legitimacy of a USCIS Officer

When dealing with U.S. Citizenship and Immigration Services (USCIS) site inspectors, it’s crucial to ensure that they are legitimate representatives of the agency. This guide provides steps to verify their identity, what to do if you suspect fraudulent activity, and how to ensure compliance with visa and labor laws.

How to Authenticate the Identity of a USCIS Site Inspector

Asking for Credentials

When a USCIS officer arrives for a site visit, they should present official credentials. You have the right to ask for:

Identification: Request their official USCIS badge or identification card.
Business Card: Ask for a business card that includes their name, title, and contact information.

Contacting USCIS

To verify the legitimacy of the officer:

Call USCIS Directly: Use the official USCIS contact number (found on their website) to confirm that the officer is indeed assigned to your case.
Check Online Resources: Visit the USCIS website for information regarding site visits and verification processes.

What Steps to Take If You Suspect a Visit Is Fraudulent or a Scam

If you suspect that the visit is not legitimate:

Do Not Provide Personal Information: Avoid sharing sensitive information such as Social Security numbers or financial details.
Request Verification: Politely ask the officer for their credentials and contact details.
Contact Law Enforcement: If you believe you are being scammed, contact local law enforcement immediately.
Report to USCIS: Notify USCIS about the suspicious visit through their official channels.

What to Do If You’re Unsure Whether the Visit Is Legitimate

If you are uncertain about the legitimacy of a visit:

Pause the Interaction: Politely inform the officer that you need time to verify their identity before proceeding.
Contact USCIS: Call the official USCIS number to confirm whether they have scheduled a site visit.
Document Everything: Keep detailed notes about the officer’s name, appearance, and what was discussed during the visit.

Double-Checking Visa Petition Terms

Ensure your business adheres to the terms outlined in the visa petition:

Job Title: Verify that employees hold positions consistent with those stated in their H-1B petitions.
Location: Confirm that employees work at designated locations as specified in their applications.
Wages: Ensure that wages paid align with what was stated in the Labor Condition Application (LCA).

Aligning Work Environment with Immigration Law

To comply with immigration law:

Workspace Adequacy: Ensure that workspaces meet safety and health standards.
Employee Duties: Regularly review employee duties to confirm they match those outlined in visa petitions.

Addressing Discrepancies in Duties

If discrepancies arise between actual duties and those listed in the visa petition:

Conduct Internal Reviews: Regularly assess job descriptions and employee performance against visa documentation.
Consult Legal Counsel: If discrepancies are found, seek advice from an immigration attorney on how to rectify them.

Addressing Common USCIS Site Visit Findings

If discrepancies are identified during a site visit:

Acknowledge Issues: Be upfront about any mistakes or miscommunications.
Provide Correct Information: Offer accurate documentation that clarifies any misunderstandings.

Steps for Non-Compliance Concerns

If a site visit raises concerns about non-compliance:

Document Findings: Keep detailed records of what was discussed and any findings made by the officer.
Take Corrective Action: Implement necessary changes immediately to address any compliance issues.

Consequences of Failing a Site Visit

Failing a USCIS site visit can lead to serious repercussions:

Potential Penalties: This may include fines or revocation of H-1B status.
Mitigation Strategies: Work proactively with legal counsel to address issues before they escalate into more significant problems.

How to Respond to Site Visit Inquiries

During a site visit, maintain professionalism:

Be Honest and Direct: Answer questions truthfully and concisely.
Stay Calm Under Pressure: Remain composed even if challenged by questions.

Handling Documentation Requests

When asked for documentation:

Know What to Show: Be prepared with relevant documents such as employee contracts, pay stubs, and job descriptions.
Cooperate Respectfully: Always be cooperative and respectful during interactions with officers.

If You Don’t Have Immediate Access to Documents

If certain documents are unavailable during the visit:

Communicate Clearly: Inform the officer that you will provide the requested documents as soon as possible.
Follow Up Promptly: Send any outstanding documentation via email or mail as soon as it becomes available.

How to Conduct an Internal Audit Before a USCIS Visit

Running an Internal Audit

To prepare for a potential site visit:

Review Employee Files: Check all employee files for completeness and accuracy regarding visa compliance.
Assess Work Locations: Ensure all employees are working at designated locations as per their visa applications.

Creating a Checklist of Common Issues

Develop a checklist covering common areas of concern for USCIS inspections:

Job titles
Actual duties vs. documented duties
Wage compliance
Worksite adequacy

Identifying Potential Red Flags

Look for discrepancies that could raise concerns:

Mismatch Between Job Duties and Actual Work Performed: Ensure alignment between what employees do daily versus what is documented in their visa applications.
Review Contracts and Pay Stubs: Verify that contracts reflect current job titles and responsibilities accurately.

Handling the Aftermath of a Site Visit

After a U.S. Citizenship and Immigration Services (USCIS) site visit, it is crucial for employers to understand the next steps and how to respond effectively. This guide outlines what to expect after a site visit, how to handle follow-up inquiries, and the necessary actions to maintain compliance with immigration laws.

What Happens After the USCIS Site Visit?

Notification of Results

Following a USCIS site visit, employers will typically receive a Compliance Review Report detailing the findings of the visit. This report may include observations about the employer’s compliance with immigration regulations, potential discrepancies, or areas requiring further documentation. It is important to note that USCIS officers do not make final decisions during the site visit; instead, they compile information for review by USCIS adjudicators.

Responding to Follow-Up Inquiries

If USCIS requests further documentation after the site visit:

Review the Request Carefully: Understand what specific documents are required.
Gather Necessary Documentation: Compile all requested materials promptly and ensure they are accurate and complete.
Respond in a Timely Manner: Submit the requested documents by the deadline provided by USCIS to avoid potential non-compliance issues.

Addressing Compliance Issues or Errors

If the site visit report indicates compliance issues:

Acknowledge Findings: Review the report thoroughly and acknowledge any discrepancies noted.
Rectify Mistakes: Take immediate action to correct any errors in documentation or practices that led to non-compliance.
Document Changes: Keep records of all corrective actions taken, including updated policies or procedures.

Steps to Rectify Mistakes or Update Information

To maintain compliance with USCIS:

Update Records: Ensure that all employee records reflect accurate job titles, duties, wages, and work locations as per the visa petition.
File Amendments if Necessary: If significant changes are made (e.g., job title changes), file an amended petition with USCIS.
Conduct Internal Reviews: Regularly review employee files and documentation to ensure ongoing compliance with visa terms.

Differences Between Routine Site Visits and Fraud Investigations

USCIS conducts both routine site visits and fraud investigations:

Routine Site Visits: These are typically conducted to verify information provided in visa petitions and ensure compliance with immigration laws.
Fraud Investigations: These occur when there are indications of potential fraud or misrepresentation in visa applications.

Distinguishing Between USCIS Audits and Other Investigations

It is essential to recognize that USCIS audits differ from investigations conducted by other agencies such as:

Department of Labor (DOL): Focuses on labor law compliance.
Immigration and Customs Enforcement (ICE): Investigates potential immigration violations.

Consequences of Non-Compliance or Fraudulent Activity

If an investigation reveals non-compliance or fraudulent activity:

USCIS Actions: They may issue a Notice of Intent to Deny (NOID) or take other enforcement actions against the employer.
Legal Ramifications: Employers could face penalties, including fines or revocation of H-1B petitions.

Tips for Ensuring Successful Site Visits

Establishing an Ongoing Compliance Program

To prepare for future site visits:

Develop Compliance Policies: Create clear policies regarding employee visa sponsorships that align with immigration laws.
Regularly Update Documentation: Ensure that employee records, job descriptions, and company policies are current.

Building Relationships with Immigration Counsel

Maintaining a relationship with immigration attorneys can facilitate smoother interactions during site visits:

Consult Regularly: Seek legal advice when preparing for site visits or addressing compliance issues.
Training for Staff: Provide training for HR personnel on immigration regulations and best practices for site visits.

Developing a Site Visit Preparation Guide

Create a comprehensive guide for HR and administrative staff that includes:

Procedures for handling unannounced visits.
A checklist of required documentation.
Guidelines for communicating with USCIS officers.

Legal Implications and Avoiding Penalties

Failing a USCIS site visit can lead to various legal repercussions:

Penalties: Employers may face fines or other sanctions if found non-compliant.
Visa Denials: Continued non-compliance can result in denials of future visa applications.

Protecting Your Business from Fines and Penalties

To mitigate risks:

Conduct Regular Internal Audits: Regularly review employee files and compliance status to identify potential issues before they escalate.
Document Everything: Maintain thorough records of all communications with USCIS, including site visits and any follow-up actions taken.

Working with Immigration Attorneys Post-Site Visit

Engaging legal counsel after a site visit can help navigate any issues that arise:

Assess Findings: Review findings from the site visit with your attorney to understand the implications.
Develop Corrective Action Plans: Work together to create strategies for addressing any identified compliance issues.

Remember that these site visits are often random, and just because you are being visited doesn’t mean that something is wrong. They are part of the process of ensuring compliance with immigration laws. If you’re unsure about any aspect of the site visit process or want additional guidance, consider working with an experienced immigration attorney who can help you navigate the visit smoothly and ensure your company is in full compliance with immigration laws.

How Law and Visas Can Help?

At Law and Visas, our team of expert immigration consultants is here to make your travel to the U.S. straightforward and successful. Whether you’re applying for an L-2 Visa or an F-1 Visa, we handle every step—from preparing your application to gathering the required documents.

Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.

Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. You can call us today at +234 812 5505 986 to learn how we can help you.