[Fredslist] Be Prepared For Site Visits By ImmigrationJanuary, 2009

[Allen E. Kaye]

January, 2009

 

 

 

Re:       BE PREPARED FOR SITE VISITS BY IMMIGRATION: IT COULD BE YOU

 

 

 

Recently, John Morton, the head of U.S. Immigration and Customs Enforcement
(ICE), announced that he wanted to increase audits in both size and scale.
ICE has already initiated numerous on-site visits or "audits", often showing
up unannounced at the employer company worksite.  They are now being
conducted under a new mandate pursuant to the Administration's
"Administrative Site Visit and Verification Program."  According to a recent
article in ComputerWorld, ICE plans to conduct 25,000 on site H-1B
inspections this fiscal year,.  Should employers be found to have violated
their paperwork obligations, they face sanctions which may include fines on
an increasing scale, as well as interference with the ability to file future
applications for foreign workers.  

 

The U.S. Citizenship & Immigration Service (CIS) has also confirmed that the
government has expanded the CIS "Administrative Site Visit and Verification
Program".

 

Here Is Some Information Which Can Help You:

 

In most of the site-visit cases reported within the last few months, the
investigators appear with little or no notice to the employer. They normally
have a copy of the H-1B petition, and they request to speak to the person
listed as the employer contact on the petition, the person who signed the
petition, the employee, and/or someone in human resources. Questions focus
on both the employer and employee.  Although the CIS is not specifically
authorized by regulation to enter the workplace and "investigate" H-1B and
L-1 employers, refusal to cooperate may trigger a larger-scale investigation
if the CIS alerts ICE or the Department of Labor to possible fraud
allegations. Employers are therefore advised to prepare for such visits and
to determine what information it will discuss with CIS contractors or
agents.

 

In order to be prepared for such visits implement an investigation response
plan, which should include assignment of a specific compliance officer who
will be first contact with any officials or representatives of ICE that may
come to the worksite.  It is also important that receptionists or other
frontline workers be specifically trained in how to react upon arrival of
any government official.  

 

Have these individuals state that they are happy to comply with their
request, but they are not privy to nor have access to the required
information.  They should offer to take their card and information and have
the person in charge of this aspect contact them to arrange a meeting to go
over whatever is required.  

 

If you have any further questions or would like to discuss this further,
don't hesitate to contact me.

 

 

 
Sincerely,

 

 

 

 
Allen E. Kaye

 
Law Offices of Allen E. Kaye, P.C.

 
111 Broadway, Suite 1304

 
New York, NY 10006

 
(212) 964-5858

 

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