How to Get Ready for the USCIS Worksite Inspections

1. Understand the reason of the visit;

2. Create a procedure that all managers will follow in case the inspection occurs at different jobsites;

3. Get help

Reasons for USCIS Inspections

The employment visas were created for the benefit of the American companies that needed foreign talent to grow their business.  USCIS has the duty to ascertain the hiring company is compliant with the regulations and that the foreign worker is performing the duties approved by the Department of Labor and is not discriminated by the employer, thus, randomly and unannounced USCIS site inspectors will appear at the door of companies hiring H-1B and L-1 workers.

Procedure All Managers Should Follow when an USCIS Unexpected Visit Occurs

• Verify the identification of the site inspector – USCIS site inspectors should have proper identification

o   Employers / Site Managers ALWAYS should verify identification of anybody claiming to be a governmental employee

o   Immigration and Customs Enforcement (ICE is another federal agency under the US Department of Homeland Security) also initiates worksite inspections to verify employer’s compliance with the New Employment Verification Regulations.  These are different type of inspections.

• Know who is the signatory of the employment petitions filed with USCIS, and advise that person immediately because USCIS inspector will request to talk to the petition signatory
• If the signatory of the petition is not available another person of authority should be advised immediately, it could be either Human Resources or Personnel
• The signatory, manager or HR/Personnel employee should be able to answer the question of USCIS inspector like:

o   Legitimacy of business/Name/Federal Tax Number/Other locations, offices or worksites

• USCIS may ask to tour the facility to verify if the business appears to be engaged in the business described in the Labor Condition Application and does appropriate business activity
• Employers, or manager, or HR Personnel should be able to discuss the different job duties, the salary, and or qualifications of the H-1B foreign national
• USCIS inspector is entitled to ask for proof of employment of the foreign national, and inquire if the prevailing wage is paid to the foreign national.  This is why it is imperative for the employer to document termination of employment of a foreign worker
• Employers may request the presence of their attorney for such USCIS visits, thus, the inspector has to comply with the request.
• USCIS inspector will demand to talk with the foreign employee; will ask for identification and verify if the conditions under the Labor Condition Application are satisfied, if the foreign worker is paid the prevailing wage listed and will inquire the employee about the visa payments.  It is the responsibility of the employer to pay the H-1B USCIS fees.
• Foreign employee should be able to discuss in great detail his/her education, the position with this company, and benefits of employment with this company
• At the end of the USCIS visit the inspector will make a recommendation either to inquire further or close the inquiry. Clear explanations of the inspection have to be written in the report USCIS provides the employer.

Get Help

• Companies with foreign employees should anticipate and be prepared for such unexpected visits from USCIS. A procedure or protocol should be in place for these types of inspections and the managers or HR Personnel should be aware of the protocol in place and of the randomness of the USCIS inspections.

 Talk with an experienced attorney at VM Gokea Law Group, PLLC to develop a protocol in preparation of USCIS inspections. You may contact our office for a consultation on this topic at 212-937-8420.

Attention:

1. Employers / Site Managers / HR Personnel ALWAYS should verify identification of anybody claiming to be a governmental employee.

2. Immigration and Customs Enforcement (ICE) is another federal agency under the US Department of Homeland Security which also initiates worksite inspections to verify employer’s compliance with the New Employment Verification Regulations.  USCIS and ICE perform unannounced inspections for different purposes.

3. Employers may contact an immigration attorney at VM Gokea Law Group to discuss protocols in preparation of USCIS or ICE inspections.