News & Insights

"H-1B Site Visits and Form I-9 Audits: What You Should Know About These Latest Enforcement Trends," New Jersey Law Journal, April 2010

April 11, 2010

In order to reduce and discourage visa fraud and unlawful employment, U.S. Citizenship and Immigration Services (USCIS) has begun a two-prong enforcement campaign aimed at employers by heavily utilizing H-1B site visits and Form I-9 audits. As a result, USCIS has deployed inspectors to perform thousands of on-site inspections of petitioning employers who have sponsored H-1B specialty occupation visa employees. This program is funded through the mandatory $500 “Anti-Fraud” fee that employers pay when sponsoring such individuals. In addition, I-9 audits are increasing in frequency and resulting in serious criminal and civil penalties to noncompliant employers. Both efforts are changing the culture of worksite enforcement and no industry is exempt from scrutiny.

Attachment: H1B Site Visits and Form I-9 Audits