H1B Site Visits by Government Investigators

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Starting in the summer of 2009, the immigration service began sending contractors to visit H1B job sites. These contractors are federally licensed private investigators. They are not government employees. Their job is to verify that the individuals working at job sites named in H1B petitions are, in fact, the persons named in the petition. They also seek to verify the various allegations made in the petition.

In furtherance of these goals, the investigators personally visit the job sites specified in the H1B petition. They typically photograph the outside of the building, to verify that it is a commercial structure. They then ask to see the named H1B beneficiary. They will also photograph the beneficiary's work space, to document that it is appropriate for the job described in the petition. Following this, they will interview the beneficiary. Initially, they will ask to see photo ID of the beneficiary to verify that he or she is the person named in the petition. Next, they will ask the beneficiary to describe the work that they are doing.

These visits typically take less than half an hour.

Employers of H1B workers should prepare for the eventuality that they will be visited by such investigators. They should maintain copies of the H1B public access file for each individual at the physical site where he or she works.