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. During an H-1B site visit, a DHS officer might contact and ask questions of the employee, the hiring department, and/or the petitioner who signed the immigration forms. These visits should not be a cause for alarm, as they are generally routine and selected at random. They are not the same as enforcement conducted by ICE. (See this page for information about other types of immigration site visits.)
In addition, the Department of Labor (DOL) may conduct employer site visits requesting to see documentation related to the filing of a labor condition application (LCA). The employer must maintain a collection of documents for all H-1B and E-3 employees. Inspection files for any cases that are filed by ISSS are maintained and available for inspection at the ISSS office (190 Humphrey School).
If you receive a site visit:
- 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.
- 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.
- After the site visit concludes, contact ISSS to report that it occurred.
Preparing for a Site Visit
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.
