This Immigration Update^© from Foster Quan, LLP contains important information regarding the following:

Don’t be “Surprised” by Government Site Visits

Employers across the country have reported unexpected worksite “visits” in July and August from government agents or contractors with questions related to immigration compliance.  In addition to worksite raids and investigations into the employment eligibility of the workforce, the government has begun aggressively reviewing the work status and working conditions of foreign national employees who have been sponsored for H-1B work visas.

Unlike worksite “raids” conducted by the U.S. Immigration & Customs Enforcement (ICE), these “visits” are conducted mostly by contractors and are focused on information provided in H-1B petitions filed on behalf of H-1B employees.  Although “surprise” site visits have been conducted randomly for the last several years, the U.S. Citizenship & Immigration Service (CIS) has confirmed that the government has expanded the CIS “Administrative Site Visit and Verification Program.”  Three compelling factors justify the program’s expansion:

1.      Accumulation of hundreds of millions of dollars in “Fraud Detection & Prevention” filing fees collected thus far for all initial H-1B and L-1 petitions filed since March of 2005;

2.      September 2008 findings of the Office of Fraud Detection and National Security (FDNS) division of the National Security and Records Verification Directorate, which reported that over 20% of H-1B filings contain technical violations or are simply fraudulent; and

3.      U.S. Department of Homeland Security Secretary Janet Napolitano’s very public commitment to increase enforcement of the H-1B program – specifically, fraud prevention tactics and investigation, including site visits.  “We’re going to keep at this to make sure that the intent of that program is being fulfilled,” she stated when asked about H-1B fraud and abuse.

As enforcement by ICE and CIS against employers exponentially increases, it is critical that employers immediately intensify their focus on immigration compliance.