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H-1B Employer Inspections

A normal feature of H-1B visa sponsorship is to have periodic inspections from United States Citizen and Immigration Service (USCIS) officers, or contract workers.The purpose of the inspection is to verify the facts relating to the H-1B petition (e.g. who is the employer, where does the work take place, who is the employee, etc.). These inspections many not be related to or looking for any immigration problems. They may want to confirm that there is nothing fraudulent (untrue) about the H-1B application. These USCIS Fraud Detection and National Security (FDNS) inspectors will either make an appointment to meet the employee and see the work site, or conduct an unannounced on-site inspection.

If there will be a scheduled visit, OIA will contact the department administrator and H-1B foreign national in advance. However if the inspectors come to the worksite unannounced, please contact OIA Director Garett Gietzen or ISS Assistant Director Becky Mirza before you begin the interview process (209-228-4722.) The inspection officers understand that the employer (UCĀ  Merced) may need some time to organize an unannounced visit.

How long will this take?

The visits are usually brief. They may want to see each of the work site locations, administrative offices, public access files and visit the International Center.

What will they ask?

They have the right to ask any questions related to the facts of the H-1B application. In most cases they will want to talk to the H-1B employee, an OIA representative and/or an HR manager. They will probably want to see payroll records and perhaps other evidence related to the basic facts of the employment: job title, salary, start date, duties, work location, supervisor, etc. One page document on avoiding H-1B violations.