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ARTICLE · 21 MARCH 2017

DHS Site Visits And Inspections — Be Prepared

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

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From time to time, the Department of Homeland Security (DHS) conducts site visits at the offices of employers petitioning for temporary work visas on behalf of their employees.

United StatesImmigration

From time to time, the Department of Homeland Security (DHS) conducts site visits at the offices of employers petitioning for temporary work visas on behalf of their employees. These visits are funded by the $500 "anti-fraud" fee that is a component of the filing fee for H-1B and L-1 visas. These site visits are currently on the rise, and it is important 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 that the employer is a bona fide organization that knowingly filed the visa petition for its employee, and that the employee is actually working for the employer in the position that was the subject of the visa petition, and at the wage promised in the petition.

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