AILA Doc. No. 12030666 | Dated March 6, 2012
Administrative site visits in connection with H-1B petitions filed by U.S. employers are steadily increasing as USCIS continues to fine tune program integrity and enforcement in response to the USCIS, H-1B Benefit Fraud Analysis report of September 2008. As site visits become more common, practitioners are seeking transparency with respect to topics and questions that can be raised by the inspector.
In the November 8, 2011, Stakeholders Engagement conducted by the California Service Center, the CSC advised petitioners to be prepared for administrative site inspectors to ask questions that pertain to any aspect related to the terms and conditions of employment (AILA Doc. No. 12021547). Administrative site inspections typically inspect the work location listed on the I-129 petition. CSC advised providing an itinerary in cases when an employee will perform services offsite from the employer location. In addition to speaking to a company representative (typically the signatory of the petition or the listed contact person) and/or the beneficiary, the inspector may also ask to inspect documents related to the petition and take photos of the worksite. CSC stated that questions regarding payment of fees are asked by site inspectors and deductions from the beneficiary's salary to pay fees assignable to the employer can be considered a red flag.
Cite as AILA Doc. No. 12030666.