USCIS Site Visit

How Does A Company Get Selected For A Site Visit?

In some cases, the site visit can be triggered by information in the petition or information from an outside source, but in many instances, companies and organizations are selected randomly for these investigations.

What Will The Investigator Ask For?

He or she will usually ask to meet with a specific employee who USCIS believes to be an appropriate company representative, and, in some cases, the investigator will ask to meet with the foreign national employee. The investigator will come prepared with a list of questions about the employer, the job, and the employee in order to verify the accuracy of the petition. The investigator may also ask to tour the premises or visit the employee's workspace. He or she may also ask to review company records or documents.

What Should We Do If An Investigator Arrives At Our Offices?

First, try to determine the identity of the visitor and the agency he or she represents. The visitor could be an employee or contractor of FDNS who has come to gather facts relevant to a petition. However, the visitor could also be a representative of Immigration and Customs Enforcement, the enforcement arm of the Department of Homeland Security. Keep in mind that the visitor could also be representing a completely different branch of the government that has no connection to the immigration petition or could even be an unauthorized impostor.
Second, contact the employer right away so that we can arrange for an attorney, most likely Attorney from Law Offices of Sheela Murthy or Law Offices of Rajiv S Khanna. You can explain to your visitor that it is essential that your lawyer be present or at least participate telephonically in the visit in order to ensure the requested information and documentation is fully provided.
If the investigator does not allow the attorney to participate or refuses to wait for the attorney, try to ascertain what information and documents are being requested. If the documents are not readily available or if you are not sure whether a certain document is appropriate to release to a third party, you should ask for more time to respond to the request of the investigator. The investigator will understand if documents are not immediately available at the time of an unexpected site visit. In unique circumstances, particularly where the documents do not seem to be related to the petition and are highly confidential, it may be appropriate to ask for a subpoena before providing documents.
Respond to the investigator in the spirit of cooperation. Keep in mind that, in most cases, the site visit is a prerequisite to the successful adjudication of the petition, and it is in the employer and employee's interest to conclude it as quickly and smoothly as possible.

How Can We Better Prepare For A Site Visit?

Be prepared to answer any of the following questions.

Questions Asked during Site Visit

What is your Job Title?

Systems Analyst/Sr. Systems Analyst/whatever is documented in your H1 petition

What are your Job Duties?

Duties as elaborated in job description submitted along with H1 Petition. Refer copies of any letters from end-clients.

What is your Hire Date?

Remember your hire date. They may want to verify and make sure that the hire date falls on or after the H1 Receipt Date or Approval Date, whatever the case may be.

What is your Salary?

Mention the salary that is on your pay stub. The hourly rate must match or exceed shown on LCA and H1 petition. Do not mention anything about expenses received.

Who is your Reporting Manager and what are the contact details?

My employer-manager is Shiva Kumar, who works out of Reading PA. My client-side manager is XYZ {Please mention the name}

Who assigns you work on day to day basis?

The client manager provides me with the specifications for work.

But, my employer assigns me the work. My employer also makes the decision whether I should continue on this project or not. I report to my employer with status reports and timesheets, via emails and phone calls. My employer also conducts performance reviews of my work.

Who is your Manager at the client site?

Provide the client site Manager details

What is the name of the CEO of your company?

Suresh Kagithapu

Contact information of the CEO.

610 370 9587 4950 Dunham Drive, Reading PA 19606.

Does the Employer’s Point of Contact ever contact the End-Client project manager?

My employer contacts their immediate client on regular basis.

Who is your Reporting Manager with the company?

Shiva Kumar

What is the number to reach him?

6105161058

How do you interact with your employer?

Timesheets, Emails and phone calls

Is there any Laptop or Software Tools provided by the employer?

No. Everyone must use the client provided computers and tools.

Does the end product, being developed, belong to your employer or the End-client?

End Client

Did you ever work from the employers Head Quarters office?

No.

Whether the employer ever visits the end client location?

Who paid the H1 visa fees?

Employer

Did you have to pay for the filing of your labor certification?

What documents may the officer ask you to submit?

Typically, the office may ask you to submit paystubs or performance reviews. The office typically provides one day time, to submit these documents.

You should also have a copy of your H1 Approval Notice, LCA, LCA Posting Information, job description submitted along with your H1 and any end-client letter submitted along with your H1 petition.

What can I expect after a site visit?

If you are working at the same work location that was mentioned in your H1 petition; and if you are doing the same duties described in your H1 petition, the officer may not ever get back to us.

Important Links on Site Visits;

http://www.murthy.com/news/n_sitvis.html

http://www.globalimmigrationcounsel.com/2009/08/articles/us-immigration/uscis-conducting-surprise-work-site-visits-to-tackle-h1b-visa-fraud

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