As part of ongoing investigation of potential fraud in the H-1B program, the U.S. Department of Homeland Security (DHS) occasionally conducts unannounced visits to H-1B/E-3 employers. This usually starts with a DHS officer attempting to visit and interview the H-1B employee at their work location, followed by the officer contacting ISSS, and sometimes contacting/visiting the employing department indicated on the petition filed by the University of Minnesota. These visits should not be a cause for alarm, as they are generally routine and selected at random.
Here are some guidelines if you are contacted by a DHS officer:
- As with any government officer or government contractor, ask to see their badge and/or identification. Take note of their name and ID number, if applicable. Visits are normally conducted by officers from the Fraud Detection and National Security (FDNS) unit.
- Contact an H-1B Advisor or ISSS Associate Director if you receive a visit.
- If you are unable to immediately answer any particular question, explain to the officer that additional time is needed. Do not guess, or provide information that you are unsure about.
- The officer may ask questions to confirm employee identity and details about employment as listed within the I-129 petition: job title, salary, job duties, degree requirements and educational background, work schedule/hours worked per week and work location.
- The officer may take pictures of the workspace, worksite, lab, office or classroom.
- The officer may ask to see the “public access file.” This is a collection of documents that must be maintained for all H-1B and E-3 employees, as required by the US Department of Labor. Public access files for any cases that are filed by ISSS are maintained and available for inspection at the ISSS office.
Always notify ISSS in advance about changes in employment or employment termination, to avoid potential problems during a site visit. H-1B/E-3 approval is employer-specific and job-specific. When the University of Minnesota submits an H-1B petition to USCIS, we are attesting to specific statements about the position, title, salary, hours, duties, degree requirements, and location. If any of these aspects of the H-1B/E-3 employee's work changes, the University may need to file an amendment with USCIS new petition before the changes are instituted. Similarly, USCIS must be notified if employment ends before the anticipated end date on the immigration approval notice.
