USCIS Combats H-1B Fraud with Surprise Worksite Visits

One investigation method receiving an increased amount of attention has been implemented by the USCIS Office of Fraud Detection and National Security (FDNS). The FDNS carries out worksite visits that are conducted by Immigration Officers, Intelligence Research Specialists, analysts, and private investigation firms. The FDNS’ purpose is to detect, deter and combat immigration benefit fraud and strengthen efforts in ensuring that benefits are not granted to those who threaten national security or public safety.

During the visits, FDNS officers collect data to verify information pertaining to petitions that are pending or already approved. These visits are unannounced and may take place at the employer’s principal place of business or at the H-1B non-immigrant’s work location. FDNS officers do not need a subpoena for the site visit because the regulations governing the filing of immigration petitions allow the government to take testimony and conduct broad investigations relating to the petitions. However, employers may request that counsel be present during the visit, either in person or by phone. Additionally, USCIS will provide an opportunity for employers to address any adverse or derogatory information that results from the site visits.

Shareholder Dawn Lurie had the opportunity to present on a panel with Don Crocetti, Director of USCIS’ Office of Fraud Detection and National Security. Mr. Crocetti underscored the need to ensure the integrity of the H-1B program and the importance of site visits. Should you be visited by an FDNS representative or contractor, request identification from the individual, remain calm, and notify the director of compliance and outside counsel. Be polite and ensure that the representative does not roam the facility or office unescorted. For information on the specifics of site visits and how to deal with them please contact your GT relationship attorney.

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