Aug 4 2009

USCIS Increases Amount of Worksite Audits

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.