H-1B Site Visits: They’re Coming to Visit You

In nearly every H-1B petition, the petitioner is required to pay a $500 anti-fraud fee.  The Department of Homeland Security (DHS) is using the proceeds of these anti-fraud fees to investigate H-1B petitioners.  DHS is contracting with private investigators to make surprise visits, though they may provide advance notice if they so desire, to H-1B work sites.  These investigators are charged with verifying that the petitioning company is a real business entity operating as stated in the H-1B application and that the H-1B visa holder is a legitimate employee.

Therefore, it is imperative that each H-1B sponsor make sure that their filings are accurate.  If any amendments need to be made to reflect material changes in an already approved H-1B petition, such as change in work location or changes in job duties, the employer must timely file an H-1B amendment to reflect such changes.  Failure to take these duties responsibly can result in monetary penalties as well as criminal prosecution.

Posted on August 5, 2009 at 5:12 pm by Immigration Lawyer Peter Messersmith · Permalink
In: H-1B Visa, Visa Fraud · Tagged with: ,

2 Responses

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  1. Written by LDC
    on August 9, 2009 at 3:20 pm

    Contract USCIS site inspectors do not provide advance notice of the visit. Employers may opt not to be interviewed. Employers may call and consult their attorney, but cannot delay the interview beyond minutes. If employers opt not to be interviewed, the site inspector will note such in the report that he/she completes and submits to USCIS.

  2. Written by Ken
    on May 8, 2011 at 7:15 pm

    Most americans are in favor of Durbin/Grassley bill 887. Who would be against reducing fraud and abuse other than employers and contractors that depend on fraud and abuse? H1B WAS STARTED IN GOOD INTENT TO FILL SHORT TEM SKILL SHORTAGE

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