Current feedback has revealed that USCIS has greatly increased the
amounts of surprise visits to the worksites of U.S. employers of H-1B
and L-1 visa beneficiaries. According to anecdotal information, agents
of USCIS have been coming to worksites with a list of questions they
are asking all employers, regardless of company size. The goal of these
visits is to ensure the identity of the petitioner and beneficiary, and
to make sure that the beneficiary is working within the terms of the
visa they have received.
It should be noted that, so far, these agents are arriving at employer
locations without the authority to enter the worksite and request entry
and employer consent. Legally, employers have the right to deny these
agents entry into their worksites at that time.
It is essential that employers prepare for these potential audits ahead
of time by collecting and having ready all necessary materials and
proof of compliance for these agent representatives. Please contact us
for more information and guidance regarding this increase in worksite
audits.
