USCIS Fraud Detection Arm Steps Up Unannounced Site Visits

The U.S. Department of Labor’s Wage and Hour Division has been the primary auditor or corporations that use H-2B visas to staff their temporary seasonal worker positions. However, the fraud division of the USCIS has recently stepped in and started conducting unannounced site visits on these corporations.

President Donald Trump’s “Buy American, Hire American” executive order, which directed the Secretaries of State, Labor, and Homeland Security to revise rules and guidance “to protect the interests of United States workers . . . including through the prevention of fraud and abuse” in immigration, appears to have lead to increased sharing of information between the DOL and the Department of Homeland Security. The USCIS has set up tip lines to receive information about possible fraud and abuse of the H-2B program and that may have lead to the new unannounced site visits.

H-2B regulations require employers to retain information regarding hiring for at least three years. While the DOL audits primarily focus on payroll records, evidence of recruitment, and verification of the number of H-2B workers employed. The USCIS site visits are more extensive. If you employ H-2B workers, you must comply with all H-2B regulations and be meticulous in your record keeping.

If you have questions about how to maintain your H-2B records or how to prepare for any unannounced site visit, contact Virginia immigration lawyer, Jeffrey Van Doren.