1. I-9 & Workplace Compliance
Monday, May 7,2018

2. Employer is contacted by FDNS announcing site visit
Summary of Site Visit
Employer is contacted by FDNS announcing site visit
FDNS meets with employee and employer to review details of petition submitted to USCIS
FDNS reports findings to local office and USCIS where the initial petition was filed

3. Background
United States Citizenship and Immigration Services (USCIS) created the Administrative Site Visit and Verification Program (ASVVP) in July 2009 to verify information for certain employment based visa petitions
Fraud Detection and National Security (FDNS) officers conduct unannounced visits to employer sites to verify the information submitted on the employment petition to ensure that the employer and the employee are compliant

4. Fraud Detection and National Security (FDNS)
Created in 2004 to ensure immigration benefits were not granted to those seeking to defraud the immigration system
Detect pattern and practice of abuse where fraud is suspected
Cross check databases and public information
Employers can coordinate with FDNS and USCIS and provide a list of authorized signatories on their petitions
Site inspectors are usually USCIS officers

5. Types of Petitions Subject to ASVVP
Religious Worker Petitions (“R visa”)
Can be conducted before and after adjudication
H-1B Specialty Occupation Petition (H-1B visa)
Conducted after adjudication
L-1 Intracompany Transferee Executive or Manager (L-1A/B visa)
- Conducted after adjudication

6. Selection Process
Petitions are selected randomly by FDNS before or after adjudication
If you are the only employer filing petitions in your zip code, you will have several site visits compared to other employers
The more petitions you file, the higher the chances of a site visit
They select petitioners not beneficiaries
Petitioner or beneficiary may elect not to participate in the site visit and inspector will submit report based on available information

7. Anatomy of Site Visit
Employer will receive either a phone call or from inspector indicating they have been selected for compliance review
May call once they have arrived to worksite, or may call a few hours ahead, or schedule a date and time via
Usually call the signatory on the petition (HR representative, CFO, CEO)
They do not call the attorney

8. Anatomy of Site Visit During the visit inspector will:
Review selected employee file
Interview the selected employee
Verify salary by review of paystubs or W2
Verify job duties, start date, work schedule
Verify continued employment
Verify place of employment, i.e. documentation that the employee is working at the site listed on the petition
Verify terms of employment contract

9. Anatomy of Site Visit During the visit inspector will: (cont’d)
Ask employer to confirm that the petition was filed on behalf of selected employee
Photograph worksite
Ask who paid filing fees for petition
Ask for copies of degrees and credentials related to the position
Ask for number of petitions filed by employer
Ask how many green card petitions employer has filed

10. Anatomy of a Site Visit
Inspector will make a summary of the visit and submit report to FDNS supervisor and to the immigration service center where the petition was originally submitted
Based on the report, the service center will determine whether there were any discrepancies on the petition or will confirm that all eligibility requirements were satisfied
If there are severe discrepancies, FDNS will further investigate for fraud and employer may be fined or barred from filing future petitions

11. Best Practices
Educate stakeholders about site visits and establish protocols (i.e. with security, legal, immigration office, and human resources)
Ask for inspector’s ID and card and escort inspector at all times during visit
Instruct security or reception what to do when inspector arrives unannounced
Have a point person of contact
Have a written policy in place so that everyone is aware of what to do
Ask inspector if you can have your attorney on the phone or if it is a scheduled visit coordinate to have attorney present

12. Best Practices
Have a set meeting room for the interview to be conducted and have the supervisor present if possible
If employee is working offsite or at a client site, have protocols set up with client
Explain the significance of the visit to the employee and assure them that they are not being targeted
Ensure that the employee continues to work in the same position and is well versed in job duties, schedule, salary etc.
If employee is on vacation or on leave, provide as much information as possible – inspector may reschedule or conduct a phone interview
Ask payroll to generate recent paystubs and W2
Have copy of degrees and credentials available
Provide inspector with any brochures/web print outs about your company if available

13. Best Practices
Have checks and balances in place so that if there are any changes in job title, duties, salary, schedule, any required amendments are made to the petition
Have a site visit “packet” in anticipation of a visit which can include statistics and data about the employer such as number of filed petitions, employer history, information about any merger and acquisition
If the inspector behaves inappropriately, you may ask to end the interview and contact the local FDNS supervisor to report the incident

14. “Extreme Vetting”
Current administration has announced that there will be an increase in site visits to combat fraud and abuse specifically within the H-1B program
Established an address for reporting suspected fraud and
Individuals can report employer abuse by submitting a Form WH-4 to the Department of Labor’s (DOL) Wage and Hour Division
Public is encouraged to contact US Immigration and Customs Enforcement (ICE) by completing an Homeland Security Investigation Form (HSI Tip Form)

15. “Extreme Vetting”
USCIS will issue a report in 2018 on H-1B petitions submitted including data about the petitions
USCIS will create web-based site accessible to the public to allow anyone to research how H-1B petitions are being used and which employers are filing petitions and for which types of positions.
Critics state that people may make false and retaliatory complaints towards employers which may not be properly investigated

16. I-9 & E-verify
Form I-9 and E-Verify are used by employers to confirm whether new hire applicants are authorized to work in the United States.
Form I-9, Employment Eligibility Verification, is a mandatory requirement which applies to new employees hired after November 6, 1986.
It is required for anyone who is performing labor or services in exchange for wages or remuneration.
Federal contractors and sub-contractors are required to complete the E-Verify process effective as of September 8, 2009.
E-Verify is an Internet based system that compares information from an employee’s Form I-9 to data from the US Department of Homeland Security and Social Security Administration records to confirm employment eligibility.
Penalties for non-compliance are high!

17. Employer Responsibilities
Must timely and properly complete the Form I-9 and submit to E-verify for all employees hired HR will provide resources and on-going training and support upon request
E-verify signs in English and varied languages are to be prominently posted in locations where I9s/E-verify are completed.
Learning Resources: (includes on-demand Webinars & Quizzes)
Employer Handbook

18. Best Practices
Have an EO Taskforce to be able to quickly respond (recent suspension of premium processing; rescission of H-1B computer related positions)
Have immigration policies in place (What do to if ICE comes to worksite)
Centralize your immigration process
Review policies and ensure that stakeholders know what to do when hiring, firing, disciplining an employee on a visa
Communications to workforce - town halls, broadcast s to manage employee concerns; educational seminars; EAP assistance
Self audit I-9’s and E-verify
Risk Avoidance
Let senior management know what resources you may need