With many non-immigrant workers working remotely from home due to ongoing COVID pandemic requirements and “shelter-in-place” requirements, USCIS has adjusted the required site visits. As such, US immigration officers may visit H-1B and L1 visa holders in their homes as part of the site verification requirement. Even as quarantine requirements have relaxed in some locations in the U.S., remote work continues. As such, it’s critical be prepared for site visits in the home. To maintain compliance employers must work quickly to file an LCA with the remote address and follow it with an H1B Amendment petition with USCIS before the Beneficiary begins to work remotely. If the remote address falls within the same MSA as the end client work address listed in the previously certified LCA then an HB amendment may not be required. If you have specific questions about whether an H1B Amendment will be required for your case be sure to reach out to an Attorney at ILBSG.
USCIS officials can visit any work location deemed necessary under the Administrative Site Visit and Verification Program (ASVVP). The purpose of the visit is to verify specific regulations for a company employing a foreign worker who is under a non-immigrant visa. Some of the specific information being reviewed is adherence to ’onsite’ presence, salary requirement verification, job duties, and work hours. These are required to ensure compliance with H-1B visa rules.
Important Notes for Site Visits:
- Fraud Detection and National Security (FDNS) officers always conduct site visits. Be sure to verify the identity of the person before you begin discussing your details.
- Some home visits are preceded by a request via email to certain H-1B visa holders to set up a specific date and time. However, surprise visits are also being conducted.
- Due to the COVID pandemic and required quarantine, employers are required to disclose remote work locations for all foreign workers. As such, employees must provide their home address during the restriction period.
- A virtual visit can also be conducted. Be sure to verify the identity of the person who makes contact to set up the virtual visit before beginning.
- For family-based immigration, a home visit is a routine procedure. Always be sure to verify the identity of the person visiting.
Be Prepared for a USCIS Home Visit
- Be sure to have all H-1B documentation handy. Ensure all compliance required documents are included.
- Have a copy of your latest paystub. This helps the FDNS officer verify any salary requirements.
- If you have any outstanding Request for Evidence (RFEs), have documentation showing action taken to date.
- Have educational certificates and transcripts handy to verify requirements. This could include an education or experience evaluation from a qualified educational outlet that a foreign degree equivalent to a U.S. bachelor’s degree has been granted.
- Provide details of job duties and work hours broken down by percentage of time spent in each job duty.
- Ask your employer to provide an official document that states they require remote work and have that available.
As the pandemic continues to affect employers everywhere, it’s particularly critical that foreign workers are prepared and remain in compliance. If you have questions about site visits or any immigration-related topic, contact us at ILBSG. We are here to ensure you get the right advice.
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