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Employer Site Visits – 3 Types

At a recent Department of Homeland Security (DHS) function, the DHS explained the three types of site visits currently being conducted:

1. Risk Assessment

This is a joint program between the USCIS and the Immigration and Customs Enforcement (ICE) and applies to any type of benefit program, including family and employment-based immigration. Applications and petitions are chosen randomly, typically following approval, and visits are conducted to identify potential fraud.

2. Targeted

These visits occur when fraud is suspected. During the visit, many questions may be asked. Advance notice, including notice to any immigration attorneys, is supposed to occur before the visit.

3. Administrative

These are specific to H-1Bs and religious worker petitions. They are generally conducted by USCIS contractors who may or may not be well versed in immigration law. For H-1B visits, specific questions are asked involving the employer, wage, and duties. Employers are chosen at random and typically only receive one visit per site. Religious worker visits are performed in accordance with the religious worker regulations.

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