Member Article

As the new administration begins, significant changes to immigration policies are anticipated, though the specifics of these changes—including when they will take effect and how they will impact the current immigration system—remain uncertain. Among these potential changes, we may see an increase in worksite inspections for H-1B and L-1 visa holders as part of enhanced compliance measures. While this increase in enforcement may be concerning, there’s no need to worry.  Our comprehensive guide has been carefully designed to help your organization navigate these inspections with confidence. The guide outlines what to expect, how to prepare and provides key steps to ensure your company remains compliant.

1. Share this guide with relevant company employees

We recommend providing a copy of this guide to any company employee who may be involved with an unannounced site visit at each company location. Proper preparation ensures that employees understand the importance of compliance and are prepared to respond appropriately.

2. Identify a responsible party at each site

Companies should designate one HR professional in each office to handle site visits.  Ensure that the receptionist or security personnel at the "front door" knows to contact the designated HR professional as soon as a government official arrives.  The HR professional should:

• Maintain a list of employees at the facility who are working on an H-1B or L-1 visa, along with their contact information.
• Have access to the H-1B or L-1 petition files for quick reference.
• Ensure there is a backup representative in case the primary designee is unavailable.

3. Obtain the official's identification, business card and contact information

Upon arrival, make certain that the government official provides a copy of his or her government-issued identification card.  We recommend you insist on receiving a direct phone number or email address from the official so that you can communicate about any follow up matters.

4. Understand what the inspection typically entails

The government official's focus will be to:

• inspect the worksite to confirm that it is an operational and legitimate business,
• confirm that the H-1B or L-1 employee works there and
• ask questions about the job title, duties and location of the H-1B or L-1 worker to verify that all information agrees with the statements the company made in its H-1B or L-1 petition.

Both the HR professional and any foreign national employees should be familiar with the contents of the petition, including the title, job description and salary (please see our summary of the types of questions the official may ask).  We recommend always having have a second company employee (a witness) in the room during any questioning.

After the initial inquiry, the official will usually ask to tour the company's building, take pictures of the H-1B signor and the H-1B employee's workspaces and ask the H-1B employee questions about his/her title, duties, location and salary.  The official often asks for confirmation of compensation paid and an earnings statement.  Sometimes, the official will ask to interview the line manager and co-workers.  Often, the official will ask to interview the H-1B or L-1 employee separately.  A typical visit lasts 30-45 minutes.

5. Be mindful about answering questions

Only provide factual, accurate information. Avoid speculation or providing incorrect information.  If you are unsure about an answer, tell the official you need to confirm the details and ask how best to follow up.

6. Immediately after the interview

The HR professional should record and document the key details of the visit including: the official’s questions, the responses provided and additional information requested by the official. We recommend sharing the notes with the company’s immigration coordinator and legal counsel to ensure accurate records and in the event follow-up action as needed.

Contacting Dinsmore about site inspections

Navigating changes in immigration policies can be overwhelming, but with the right preparation and resources, your organization can feel confident about what’s ahead. Our guide is here to provide the support and insight you need to manage potential site inspections and other compliance matters effectively. For additional information and resources, visit Dinsmore Immigration. Dinsmore is here to help you every step of the way. Together, we can ensure that your business remains compliant and prepared for whatever changes may come.

For any questions regarding the site inspections and compliance best practices, please contact any one of our immigration attorneys.

 

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