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Employer Site Visits To Increase By FDNS
Article Submitted by: Al Williams

Monday, 30 November 2009

It has been reported that some 20,000 more unannounced employer site visits will be taking place over the next few months by FDNS, but this time it will be to employers who have filed H-1B extensions to determine if there is ongoing compliance by the employer. It's been asked, do they have the legal right to do this - just show up and demand to speak with a company's representative or executive officer? Yes, they do, although it hasn't been acted upon to the extent we are now observing until your $500 Fraud Detection and Prevention government filing fee created the revenue to employ some 6,500 FDNS agents. Up until now, USCIS or DOL agents have always been in a position to do onsite employer interviews when they thought necessary - but it's been rarely acted upon. Presently, you can add ICE and FDNS to this group - because we're in a ‘round them up, enforcement climate - and it's the employers who are being targeted.

What happens during an FDNS site visit? Usually, the officer is making the site visit to verify information in a specific immigration petition filing, and will generally have a copy of the petition. Typically, the officer will ask to speak to an employer representative, such as a human resources manager. The officer may also ask to speak with the foreign national employee of the petition and his or her direct supervisor or manager. He or she may also ask to view the employer's premises and/or see the foreign national's work area, and may want to photograph the premises. The officer may also ask for documents like payroll records or pay vouchers for the foreign national, or an organizational chart.

So, how does an employer handle a site visit? We don't recommend that you wait to ask this question and to get your documentation organized when the agent comes knocking. This is serious business, and they are not just targeting small to medium-size employers.
We highly recommend that you discuss the overall issue of employer site visits with your immigration counsel now. If you don't have a representative, we are available to walk you through a program that will not only assist you in organizing your Public Access information and files, but we will give you the tools to prepare the company representative that will handle the agent site visit and to prepare them for the questions that will be asked, what documentation should be organized now so that it's easily accessible to the agent when requested - and overall, how to successfully respond to a government site visit at your place of employment.

Article Source: http://www.ArticleBlast.com

About The Author:

Leslie Davis is the Founder and CEO of Immigration Solutions located in Long Beach, California. With some 20 years in the immigration community, Leslie has worked extensively with US and Canadian businesses and individuals in the fields of healthcare, IT, Engineering, the sciences and entertainment.


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