11.01.2009 November 2009 Immigration Update: Unannounced site visits for H-1B employers; FY2010 DHS Security Appropriations Bill; “public charges”; Columbia Farms deferred prosecution; E-Verifying entire workforces and an update to the H-1B cap count
11. 2009USCIS FDNS commences audit of H-1B program including unannounced site visits to H-1B employers and their clients. The Office of Fraud Detection and National Security (FDNS) is performing an audit of the H-1B program which includes collecting information during site visits to verify petitions that were both pending and already approved. FDNS uses the information gained during the site visits to develop databases to identify factors and trends that could indicate fraud. The employer may request immigration counsel be present during the site visit but FDNS usually does not schedule visits to allow the attorney time to be present. FDNS will allow counsel to be present by phone, if requested. In general, the FDNS site inspector will ask to speak to the person who signed the I-129 petition (for an H-1B), ask to view the facilities, and ask to speak with the H-1B beneficiary.
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