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H-1B Visa Companies Getting Unannounced Visits by Feds
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By: Don E. Sears
2009-08-17
Article Rating:    / 14
There are 60 user comments on this IT Management story.
If your company is using H-1B visa workers, you may get a surprise from the government. Piece of advice for your manager: It's voluntary, but the surprise could intimidate.In an attempt to help root out fraud and other criminal activity, the
U.S. Citizenship & Immigration Services agency is making surprise
visits to companies with H-1B visa holders on the books.
After
reports came out that there has been evidence shown of fraudulent use
of temporary workers, bad documentation abusing the system and many
visa holders not being paid prevailing wages, the Feds are showing up
without notice and looking to see that everything is on the up and up.
From a CIO article on the subject (edited):
Recently, the USCIS has begun making "surprise visits" to the U.S.
work sites of companies that sponsor H-1B and L-1 visa holders,
including some large U.S.-based financial services companies, says
Elizabeth Espin Stern, a partner in the Washington, D.C. office of law
firm Baker and McKenzie. USCIS assessors come with a checklist of
questions designed to confirm the identity of the employer who
petitioned for the visa and the visa beneficiary and to verify that
both are in compliance with the terms and conditions of the visa...
The objective of the unannounced on-site visits is clear: to detect
fraud and abuses of the visa program. A study conducted last year by
the Office of Fraud Detection and National Security estimated that 21 percent of H-1B visa petitions violate H-1B program rules.
The offenses range from technical violations to outright fraud. The
most common violation was not paying a prevailing wage to the H-1B
beneficiary.
The
USCIS overseas the H-1B and L-1 visa programs. One question that some
attorneys wonder, however, whether surprise visits, random audits and
other fraud detection tactics are in the jurisdiction of this agency?
From the same article:
USCIS investigation tactics often exceed what is necessary and
reasonable to obtain H-1B application verification information,
according to Stern (Elizabeth Espin Stern, of law firm Baker and McKenzie). Unlike the Department of Labor, which has the
statutory authority to investigate an employer's compliance with visa
obligations but rarely conducts audits unless there are complaints, the
USCIS has no statutory or regulatory authority to enter the workplace
of H-1B and L-1 visa holders. And investigators do not arrive with
search warrants or subpoenas, says Stern.
What's more, USCIS has hired contract workers, who complete a USCIS
training course, to conduct the site visits. But many of the
contractors lack expertise about how companies maintain employment
records or demonstrate employment terms, adds Stern.
Evidently,
compliance with the program is voluntary, but imagine if an agency of
the federal government busted into your workplace without being
prepared? It's not hard to imagine your employer feeling a bit
compelled or intimidated to hand over information.
How nutty are the rules for these visas? Well, they can get rather challenging, especially if your company is considering getting rid of these employees as part of layoffs. Take a look at the blog post When H-1B Visa Holders and the Recession Collide.
| | Reader Comments: H-1B Visa Companies Getting Unannounced Visits By Feds | | >>> Post your comment now!
| | didn't postYou'll notice he didn't post the name and address of his company. This is how those who wish to hurt the American worker work. Posted At: 10-15-09 By: Challenger | | | | | | challengeOK SQLGuy, post the name and website of your company. You'll get more qualified resumes than you'll know what to do with. Posted At: 10-15-09 By: Challenger | | | | | | | | | | | | Bingo!This is a critically important point that most fail to see or choose not to see. The impact of outsourcing jobs to foreign operations centers is an... Posted At: 08-26-09 By: Joe | | | | | | | | | | | | A user comment on this articleI am on H1b too. I agree that most of the guys on H1B fake their resumes. This is not only affecting the citizens, but also those on H1b with genuine... Posted At: 08-25-09 By: Anonymous | | | | | | A user comment on this articleHow many americans are getting paid prevailing wages now. Prevailing wages is a joke.
We buy latino built houses with the chinese loaned money.... Posted At: 08-24-09 By: Anonymous | | | | | | >>> Post your comment now! | | | | | |
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