Sonali Patnaik Patnaik Law Office Megan Raesner Xerox Business Services

 Created in 2004 to detect and deter fraud  Fraud Detection and National Security Data System (FDNS-DS): Database to identify fraud and track potential patterns.  Keeps statistical and individual data on Employers  FDNS officers are located in every USCIS Center, District, Field, and Asylum Office. FDNS officers are also located in other government agencies.

 Administrative Site Visit and Verification Program (ASVVP) began in  The visits are funded by the mandatory antifraud fee of $500 that U.S. employers must pay the USCIS when filing H-1B and L-1 visa petitions for temporary foreign workers.

 An inspector will visit the work location listed on the H-1B petition unannounced, and ask to see both the company rep who signed the I-129 as well as the H-1B employee  Looking to confirm that employee is working at the location listed on the petition, and that the employee is being paid the required wage.

 Validation Instrument for Business Enterprises  Web-based system used as part of the H-1B adjudication process to verify information on the existence and/or financial viability of H-1B petitioning employers.  VIBE relies on information from Dun and Bradstreet (D&B), meaning that H-1B petitioners should verify that the company information on record with D&B is accurate, or supply alternate proof of incorporation and ability to pay wage.

 A June 2013 USCIS memo indicates that over 57,000 ASVVP site visits had been conducted, since December 2011, when the program began.  Site visits included both religious worker and H-1B cases  November 2013, USCIS announced that the Site Visit program is expanding to L-1 employers as well.

 Step 1: Service Center Fraud Detection Operations (CFDO) selects cases and sends to FDNS  Step 2: Inspector conducts site visit  Step 3: FDNS Officer reviews information and prepares summary of findings

VERIFIED  Pre-adjudication: to Adjudications  Post-adjudication: to storage NOT VERIFIED  Referred to FDNS  Referred to Adjudications  Referred to ICE  Step 4: Findings reviewed by CFDO officer

 Develop site visit notification protocol  Withdraw petitions when employment terminated  Audit files and amend where necessary  Change in location issues  Third-party worksite issues  Social networking – the government is watching!

 Request the inspector’s card and credentials  Have a witness present during employee interviews  Escort investigator at all times  Role of attorney during a site visit  Be accommodating and cooperative