News Bytes

Immigrants Targeted in Scams

Immigrants around the country are being targeted in scams. Scammers may call or email you pretending to be a government official. They will say there is a problem with an application or claim that additional information is needed to continue the immigration process. They will then ask for personal details and demand payment.

USCIS would like to remind people that that they will never ask for payment over the phone or in an email. If payment is needed, USCIS will mail a letter on official stationary requesting payment.

If you receive a scam email or phone call, please report it to the Federal Trade Commission at  http://1.usa.gov/1suOHSS.

https://www.uscis.gov/news/alerts/avoid-payment-scams-uscis-does-not-accept-fees-phone-or-email

 

Uptick in USCIS Site Visits for H-1B, L-1 and R1 Petitioners

We have received increased reports of USCIS site visits for H-1B and L-1 petitioners. R-1 and H-1B petitioners have often been placed under scrutiny by USCIS but the scrutiny on L-1 employers is a relatively new phenomenon.

In 2009, USCIS was authorized to begin post-approval site visits for R-1 (Religious workers) and H-1B employers. These site visits are typically performed by local USCIS office staff that are part of the Fraud Detection and National Security (FDNS) directorate of USCIS. In 2014, a report was issued by the Inspector General which criticized fraud related vulnerabilities of the L-1 program and USCIS responded by expanding the site visit program to include L-1 petitioners. At present, companies with L Blankets are not receiving site visits as it is the I-129 petition filed with USCIS that triggers the visit and Blanket L’s are applied for directly at US Consulates abroad.

USCIS audits of petition information can take the form of e-mail requests or phone calls from USCIS or an actual site visit, where a USCIS official shows up at the address of the petitioner and begins asking questions so that they can verify information contained in the
petition. Regardless of the form that the site visit takes, it is important to establish an internal protocol so that you have a specific person(s) prepared to handle post-approval site visit information requests from USCIS. One step in the protocol should be to contact us immediately so that we may assist with providing accurate information to the USCIS official while they are on-site or during any follow-up that is necessary.

The purpose of a site visit is to confirm that the information submitted with the petition is accurate. The USCIS official will go to the address listed in the petition to make sure that the petitioning organization exists. It also means that the USCIS official will likely want to speak to the person who signed the petition, as well as the beneficiary and the beneficiary’s manager. Typically, they want to confirm that the signatory has knowledge of the petition and the beneficiary as well as confirming that the location, duties, work hours, and salary of the beneficiary were accurately stated in the petition. In the case of H-1B’s, they also want to confirm that the company paid all costs including attorney and government fees. If the USCIS official requests information that will take some time to gather or would be difficult to complete on the spot, you may tell them that getting that information will require internal research and suggest that you send them the information once that research has been completed. Be sure to get a reliable email or street address.

Most USCIS site visits take less than an hour. However, note that the site visit program is entirely voluntary, meaning that your company may terminate a site visit at any time. Upon termination of a site visit, the USCIS official will likely complete the report using only the information gathered before the visit was terminated, though they may follow-up again at a later date if they choose.

Action Steps

• Establish a plan/protocol within your organization so that you are ready for a USCIS site visit should it occur
  • Designate a person in your organization to handle USCIS site visits (this is easier for companies that have all HR matters centralized with a single group of people)
  • Ask for and record the credentials of the USCIS official performing the site visit, including the name, title, and contact information so that you know where to send follow-up information
  • Keep copies of R-1, H-1B, and L-1 petitions in a location where they can be accessed quickly during a site visit
  • If you are unsure of an answer to a question posed by the USCIS official ask for additional time and offer to follow-up with the official instead of guessing
  • If possible, contact us immediately if a site visit occurs so that we can assist you in providing USCIS with the requested information
  • At the end of the site visit, write down a detailed description of what happened, including what questions the USCIS official asked
• If there have been changes to an H-1B or L-1 employee’s job duties, salary or work location, please contact us so that we can determine if we need to file an amended petition to update USCIS’ information
• Make sure that your company’s information is updated with USCIS’ VIBE system, which can be done at this link

Sample H-1B Site Visit Questions and Documents:

Information:

1. When did beneficiary start working for the petitioner?
2. What is the beneficiary’s work schedule/office hours, total weekly/bi-weekly hours?
3. Who is the beneficiary’s reporting supervisor at work? Please provide the name, title, phone number and email address of the person.
4. What is the beneficiary’s job description? I need the beneficiary to explain it in his/her own words, in simple way within five (5) small sentences as to what he/she does every day at work.
5. How many employees working for the petitioner are currently in H-1B nonimmigrant status? Who paid for the I-129 petition filing fee of the beneficiary? If the petitioning company has paid for it, would it be deducted out of his/her paychecks?

 

Documentation:

1. A copy of the beneficiary’s driver’s license, and/or the biographic page copy of the valid passport.
2. A copy of the beneficiary’s up-to-date resume.
3. The beneficiary’s most recent W-2 (if applicable) & most recent two paystubs (our records show the yearly salary as $AMOUNT, provide a valid explanation if the current salary is different, or if it is not supported by the most recent two paycheck stubs)

 

Sample L-1A Site Visit Questions and Documents:

Information:

1. Who is beneficiary’s reporting supervisor? Please provide the name, title, phone, email and the office location of the person.

2. U.S. Employment:

• Beneficiary’s work schedule (Daily hours, weekly total):
• Length of Employment (Start/End):
• Employee Supervision (specify the number of manager/supervisor/line level employees beneficiary supervises):
• Duties (in 5 small sentences):

3. Foreign Employment (Most Recent):

• Beneficiary’s title:
• Beneficiary’s work schedule (Daily hours, weekly total):
• Salary:
• Work location:
• Length of Employment (Start/End):
• Employee Supervision (specify the number of manager/supervisor/line level employees beneficiary supervised):

Documentation:

1. Up-to-Date Resume for the beneficiary
2. Job Profile-If Available
3. Earning Statements (W2, most recent paystubs)-Please provide a valid explanation if the current salary is different than the claimed salary
4. Organizational Chart

 

USCIS Will Allow Additional Applicants for Provisional Waiver Process

USCIS has announced a final rule that expands the existing provisional waiver process and will allow certain individuals to more easily navigate the immigration process. The purpose of the provisional waiver process is to reduce the time that eligible individuals spend separated from their families while they complete the immigration process abroad. The new rule goes into effect on August 29, 2016.

To qualify for a provisional waiver, applicants must establish that their U.S. citizen or lawful permanent resident spouses or parents would experience “extreme hardship” if the applicants are not allowed to return to the United States.

For more information, please click here.

 

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.