USCIS Expands H-1 Worksite Inspection Program to L-1 Employers
The Department of Homeland Security has begun making unannounced workplace visits to L-1 employers under the Fraud Detection and National Security (FDNS) site inspection program. Early indications are that the agency is focusing on extension of individual L-1 petitions originally filed at USCIS Service Centers, with special scrutiny of “new office” extensions.
Inspectors will likely review L-1 job duties to determine whether they are consistent with the beneficiary’s classification as an L-1A executive or manager or an L-1B specialized knowledge worker. Early reports show that inspectors are also reviewing the salaries of L-1 employees relative to their job type and experience level. L-1 employers should be prepared for the possibility of FDNS site visits by training human resources and administrative staff to respond to reasonable government inquiries and requests.
Companies are advised to communicate with their immigration counsel as soon as they are contacted by an FDNS officer.
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