The US Citizenship and Immigration Services (“USCIS”) has initiated a significantly expanded version of its Site Visit Program in an effort to uncover fraud in the H-1B temporary worker program. Because of a funding increase, USCIS is increasing the number of employer site visits, and, in the coming months, many employers who have sponsored foreign nationals for employment-based nonimmigrant petitions will be the subject of an investigation.
The site visits are conducted by representatives of the Office of Fraud and Detection and National Security (“FDNS”) of USCIS. Employers typically receive no advance notice of the site visit, and, in most cases, the investigation is random. However, a site visit may be triggered by information in the petition or information from an outside source. Although each investigation will vary, here is a snapshot of a typical investigation...
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