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BEWARE – USCIS Increases Number of Inspections!

The USCIS has announced that it will conduct 25,000 new site visits of H and L employers/petitioners during the fiscal year that started on 10/01/2009. This marks a 5-fold increase in the number of site visits conducted during the last fiscal year. This increase is in response to a 2008 study concluding that 20% of H-1B applications involved fraud or other violations. In order to be prepared for a USCIS site visit, we suggest reviewing all the files of foreign workers to make sure they contain the necessary documentation. We also think it prudent to ensure that each worker is performing the duties as described at the location listed in the petition and that the proper (prevailing) wage is being paid. It is also a good idea to have policies and procedures in place beforehand for responding to these USCIS visits so that all employees know what to do and what to expect when the USCIS comes knocking.

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