Be Prepared: DHS Site Visits On The Rise

The Department of Homeland Security (DHS) conducts site visits at the offices of employers who petitioned or are petitioning for temporary work visas on behalf of their employees. These site visits are funded by the $500 "anti-fraud" fee that is a component of the filing fees for H-1B and L-1 petitions. Such visits are currently on the rise as part of the administration's enforcement efforts. Therefore, it is critical for employers to understand what DHS is checking for and how to respond when a DHS officer or designated agent knocks on your door.

What is the Government's Objective in Conducting Site Visits?

Typically, DHS wants to confirm three things: (1) that the employer is a bona fide organization that knowingly filed the visa petition for its employee; (2) that the employee is actually working for the employer in the position that was the subject of the visa petition; and (3) that the employee is receiving the wage promised in the petition.