USCIS Site Visit – Approved H1B Visa Revoked

Raghuram Sukumar H1B Visa 1 Comment

H1B Inspectors are coming, get ready for unannounced USCIS site visits. USCIS is conducting site visit as part of the Department of Homeland Security’s stepped-up enforcement efforts that include increased audits of businesses to detect immigration and labor law violations.

USCIS announced back in Nov, 2009 about plans to conduct 25,000 unannounced visits by the Fraud Detection and National Security Division (FDNS) of USCIS. The FDNS division is using  contractors and private investigators to conduct approximately 25,000 site visits to petitioners.

In addition to verifying the validity of information contained in H-1B Visa petitions, FDNS investigators will use the information collected during worksite visits to help USCIS in detecting fraud.  FDNS investigators collect information about companies/employers and how they maintain H1B records. It will help to identify any fraudulent activities.

USCIS Site Visits – What happens

As part of the USCIS (FDNS) site visits, H-1B employee may be asked about

  • job title, duties and responsibilities, employment dates, and location of work
  • position requirements
  • academic background
  • previous employment experience
  • current address
  • dependents, if any
  • who paid for H1B Visa process

H1B Visa Revoked

I read following experience about approved H1B Visa being revoked during surprise USCIS site visit.

I have an approved H1-B petition. But I am currently on my L1-B and haven’t yet converted to H1. I intended to continue with my L1 until I get something good.

However today morning I got a surprise visit from USCIS. There were 2 officers and they had questioned me for about 2 hours. I must admit, I goofed up a bit as I wasn’t prepared.

Their questions include like:
1. Why Haven’t I switched to H1 yet?
2. If I plan to switch to my H1 now?
3. Do I suspect anything fraud about my sponsor?
4. Have I paid any money?

After all this conversation they informed that my H1 petition will be revoked. They didn’t give any clear answers on the reason. But said that I/my employer would get the notice and that would have all the information.

I am not sure how that would impact and what are the options I have! They did reply saying that this shouldn’t impact my current status as I havent yet accepted my H1 status.

But I am not sure of this and is unaware of the options that I have. Also I would be applying for a fresh L1 later this year. I am not sure if that would also be impact because of this. – Source

Do you need to be worried

It depends on how you received H1B visa and many other factors.  Most likely your immigration attorney should have informed your employer. Just in case, it’s good idea to inform your HR about possible USCIS Administrative Site Visit and Verification Program.

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  1. Well,

    If I were you, I would have given the following answers for those questions [I might be wrong but I am answering to the best of my knowledge].

    (1) Since H1-B Visa actives from October and my employer wants me to continue to work I need some sort of work authorization. Once past October 1st I will be officially on H1.

    (2) I do have plans to switch to H1 but as I mentioned I need some sort of authorization to work till my H1-B actives. Hence I'm utilizing L1 till then.

    (3) I can not answer this question because I do not know who is your employer. But I would definitely be honest with them about my company. If my company is a fraud, I'd say so. Do not hesitate.

    (4) This one is a tricky question. Because, If you say NO, they have their own ways of finding it out. If you say YES then they penalize the employer and I'm
    not sure what happens to the pending/approved H1.

    When I was about to apply for my H1, for the second tiiiiiime…uuuh, my lawyer informed me of the USCIS surprise visit. I have no problem just because, I know what my company does, how they do it and everything. As long as it is genuine and we can prove it is genuine we will be on the safe side.

    As I mentioned, I know people who got their H1-B approved through a consultant. The consultants can manipulate and misuse the rules. For example, though most of the clients policy is not to provide the client letter, the consultants take the chances and create the fake [client letter with the client letter head]. This will not last long because already the USCIS is figuring out what is going on. May be that's the reason they brought the employer-employee relationship. But either way, check this out,

    I hope this information is useful and sorry to hear that your VISA was revoked.

    Good Luck,
    S J

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