USCIS to Begin Full-Scale Implementation of L-1 Site Visit Program

USCIS’s Fraud Detection and National Security (FDNS) Directorate is expected to begin full-scale implementation of an L-1 site inspection program in the near future, agency officials announced last week. 

In meetings with business immigration stakeholders, FDNS leadership confirmed that the initial phase of the program will focus on the worksites of L-1A managers and executives who have obtained extensions of stay from USCIS Service Centers. This includes those who originally obtained L-1A status through a consular application under their employer’s blanket L petition or an L-1 application at the U.S. border, but later on had their stay extended through a USCIS petition. 

In a later phase of the program, USCIS plans to inspect the worksites of L-1B extension beneficiaries, but has not specified when this will begin. 

It is not known whether the agency will remain focused on verifying Service Center L-1 petitions exclusively. FDNS officials have not addressed whether the program will be expanded to include L-1 applications adjudicated by U.S. consulates under blanket petitions or Canadian L-1 cases approved by U.S. Customs and Border Protection. 

USCIS announced its intention to conduct inspections of L-1 employers last year, after a report of the DHS Inspector General urged the agency to more closely scrutinize L-1 petitions. Earlier this year, a small number of employers reported L-1 site visits, which were likely a part of the agency’s testing of the new initiative. 

What L-1 Site Inspectors Will Review 

USCIS is expected to select L-1 petitions at random for site inspection. As with H-1B site visits, FDNS officers will typically arrive at the workplace unannounced and spend 30 to 90 minutes conducting the inspection. The officer usually asks to speak to an employer representative, such as a human resources manager, as well as the foreign beneficiary of the petition in question and his or her direct supervisor or manager. 

The officer is likely to ask questions about the nature of the employer’s business, the foreign national’s job duties and salary and the employer’s use of other immigration programs. In some cases, the officer will ask to tour the employer’s premises and the foreign national’s work area, and may want to photograph the premises. The employer may be asked to provide documents like payroll records or paystubs for the foreign national. 

After the inspection, the FDNS officer may contact the employer and foreign national by phone or email to request additional information. If there appears to be any discrepancy between the information provided in an immigration petition and the circumstances at the worksite, USCIS may notify the employer of its intent to revoke the petition and provide the employer with an opportunity to explain any perceived inconsistencies. 

Detailed information about what to expect during a site visit is available here. 

What the Site Visit Expansion Means for Employers 

As USCIS prepares to launch the L-1 site visit program, many questions remain about the scope of the initiative. Though site inspections will initially be limited to Service Center L-1 extension petitions, the program could be expanded to a much broader group of cases, including those initially adjudicated by U.S. consulates or Customs and Border Protection officers. Stakeholders in the business immigration community are seeking clarification from USCIS about whether it will partner with those agencies to conduct site verifications of this larger group of L-1 case types. 

Employers could also face new site visit challenges because of the special complexity of the L-1 visa program. For instance, an L-1 beneficiary may work at a client site, may work only intermittently in the United States, or may be transferred to a related U.S. entity without the need for notice to USCIS – circumstances with which site visitors may be unfamiliar, especially in the early stages of the inspection initiative. In these circumstances, employers may need to take extra steps to demonstrate that they and their L-1 employees are complying with program rules. 

What Fragomen Can Do to Assist 

Fragomen regularly advises companies on compliance issues and can assist your organization in preparing to respond to L-1 site visits. If your company is contacted by an FDNS officer, call your designated Fragomen professional immediately to discuss options, including the possibility of having counsel present in person or by phone during an inspection.