On-Site Audits of H-1B Employers
The Office of Fraud Detection and National Security (“FDNS”) of U.S. Citizenship & Immigration Services (“USCIS”) has recently begun conducting site visits to verify the information that appears in H-1B petitions, both pending and already approved. These visits can occur at the principal place of business of the H-1B employer or at the place of employment of the foreign national employee, if different. Visits may be conducted by a USCIS employee or contractor. Often, the visits are not announced in advance. FDNS takes the position that it does not have to have a warrant or subpoena to conduct such visits because agency regulations give the government the power to take testimony and conduct broad investigations regarding immigration petitions. This position has not been tested in court. Read more ...
