Employers using the H-1B visa program should take note as additional site visits may be on the horizon. U.S. Citizenship and Immigration Services (“USCIS”), part of the Department of Homeland Security, recently announced a new targeted approach to detect H-1B visa fraud and abuse and increased site visits of H-1B employers.
In selecting worksite visits, USCIS will focus on H-1B cases where:
- USCIS cannot confirm the employer’s business information through commercially available data;
- There is a high ratio of H-1B employees as compared to U.S. workers (as defined by statute); or
- H-1B employees work off-site at another company or organization’s location.
Employers who may fall into one of these categories, as well as employers with onsite contractors, should be prepared for worksite visits and additional questions from USCIS. USCIS may refer cases of suspected fraud or abuse to Immigration and Customs Enforcement (ICE) for additional investigation. For more information on USCIS’s newly announced measures, click here.
McGuireWoods routinely advises on immigration and worksite enforcement issues, and can assist companies in responding to site visits. Contact our experienced immigration attorneys to address your company’s questions or concerns.