May 21, 2001 -- The Immigration and Naturalization Service (INS), at the behest of the General Accounting Office (GAO), has initiated a series of site visits to companies that employ H-1B professionals in order to inquire about the continuing employment of randomly selected H-1B beneficiaries. The site visits are random, nationwide, and are part of an overall Congressional audit of immigration programs. The GAO is the investigative arm of Congress. At the present time, the visits are being conducted by INS personnel. In some instances, employers have received written inquiries.
The first phase of the audit has been a visit to selected employers to verify that H-1B beneficiaries went to work for petitioning employers. Auditors have asked about the continuing employment of an H-1B beneficiary, and, if relevant, the circumstances of the individual\'s departure if he or she left prior to the end of an approved validity period.
This phase of the audit is expected to end in the next two or three weeks. In regard to the current phase of the audit, INS investigators have generally been satisfied with the word of a corporate or human resources officer, though in some instances have requested a letter from the responsible corporate official about a past or present H-1B beneficiary. Typically, the corporate representative who signed the H-1B petition is the person that the INS representative has been in contact with.
Our firm will continue to keep in touch with the INS to learn about the present audit, and what to expect with future phases. If you have any questions or concerns, please do not hesitate to contact the legal professional with whom you usually work at Fragomen, Del Rey, Bernsen & Loewy.
The first phase of the audit has been a visit to selected employers to verify that H-1B beneficiaries went to work for petitioning employers. Auditors have asked about the continuing employment of an H-1B beneficiary, and, if relevant, the circumstances of the individual\'s departure if he or she left prior to the end of an approved validity period.
This phase of the audit is expected to end in the next two or three weeks. In regard to the current phase of the audit, INS investigators have generally been satisfied with the word of a corporate or human resources officer, though in some instances have requested a letter from the responsible corporate official about a past or present H-1B beneficiary. Typically, the corporate representative who signed the H-1B petition is the person that the INS representative has been in contact with.
Our firm will continue to keep in touch with the INS to learn about the present audit, and what to expect with future phases. If you have any questions or concerns, please do not hesitate to contact the legal professional with whom you usually work at Fragomen, Del Rey, Bernsen & Loewy.