H-1B Administrative Site Audits – Overview of Information Sought

We have reported of increased H-1B employer site visits as part of USCIS’ Administrative Site Visit Verification Program (ASVVP).  Some of our clients have experienced such site visits and in this article we aim to describe the process and the kind of information sought by the site inspectors during each visit.

Generally, site inspectors arrive unannounced at the H-1B petitioner’s location.  Site inspectors will identify themselves with USCIS credentials and seek to speak with the petitioner (or the person who signed the H-1B paperwork).  In the petitioner’s absence, another suitable individual, such as HR representative, will  be sought.

The site inspector will seek information for the following categories.

1.  Does the facility visually appear to be that of the sponsoring organization?

The goal is to make sure that the address of the sponsoring organization and the actual facility suggest that the petitioner does business at that facility.  Information about the location, including whether it appears to be a residential or commercial property, whether other businesses share the same location, etc.  Some photographs may be taken.

2.  Was an organizational representative authority present?

The goal is to speak with a proper petitioner representative about the business.  If access is denied or no such representative is found, the site inspector may seek information from neighboring businesses.

3.  Did results of the site visit suggest presence of a legitimate organization?

In this section the site inspector tries to determine whether the site is one of a legitimate organization.  In addition to reviewing the site location and representative (#1 and #2 above), the site inspector may ask and analyze other factors to determine whether a legitimate business is conducted.  Such datapoints include type of product or service offered, number of employees (part- and full-time), type of clients, number of H-1B employees, number of alien employees, length of time the organization has been in business, other business locations.

4.  Did the organization have knowledge of the beneficiary and the petition filed on behalf of the organization?

This is a fairly simple question the answer to which may suggest fraud if the company representative is not aware of an H-1B application filed by the company.  Information about the employee’s duties, salary, job location may be sought.

5.   Was the beneficiary working for the organization?

The site inspector may seek information and records showing that the beneficiary was working for the employer, including time sheet reports,  performance reports, etc.

6.  Were you able to identify and speak to the beneficiary?

The site inspector will attempt to determine whether the beneficiary is currently at the location, and if not, whether the employee has been terminated, working at a different job site, etc.

7.  Was the beneficiary knowledgeable, cooperative and forthcoming with questions?

The site inspector will describe the behavior of the H-1B beneficiary and the beneficiary’s description of his or her employment with the petitioner company.  Any discrepancies noted with the information provided by the employer should be highlighted by the site inspector.

8.  Was the beneficiary paid the indicated salary?

This kind of inquiry seeks to determine whether the beneficiary may be underpaid or placed on bench period.  The site inspector may seek W-2s, pay stubs or other payroll information.

9.  Was the beneficiary performing the duties as indicated?

The site inspector will seek information and records from the company to determine whether the beneficiary’s duties are consistent with the stated duties on the sponsor paperwork.

10.  Do you recommend further inquiry?

The site inspector would, based on the entire record, make a recommendation as to whether further inquiry on this employer is necessary.