H-1B Raids Heads-up to Employers

Added: (Tue Dec 29 2009)

Pressbox (Press Release) - Houston-area immigration lawyer Annie Banerjee provides some timely advice for employers caught in the FDNS crossfire.

Raids conducted by the U.S. office of Fraud Detection and National Security (FDNS) targets those businesses employing immigrants working on H-1B visas. The stated objective is to detect and deter immigration fraud.

Employers should have the public access files for their H-1B employees at the ready. This file should contain the wage determination, the LCA, and a note on when the LCA was posted. It should also contain a copy of the H-1B petition.

The government raids are conducted without warrants, and without prior notice. The officer usually carries a copy of the H-1B petition, proceeds to inspect the premises, and is allowed to take pictures. A request is typically made to speak to the person signing the petition, but since the visits are unannounced, it is usually permissible if the signee is unavailable. Copies of the beneficiary's pay records, W-2 and also the employer's tax records are often requested.

“It’s a little like the Spanish Inquisition,” explains Houston area immigration lawyer Annie Banerjee, “hopefully without the torture.” She has a number of suggestions for employers if the government shows up. “First off, call your attorney,” she says, “It’s okay if they’re on the phone as the raids are being conducted.” If a company official who is present doesn’t know much about the petitions, according to Banerjee, “company employees should not volunteer guesses.”

Another tip for employers is to always file amended petitions. “LCAs are sometimes necessary if you wish to have changing situations documented,” says Banerjee, “Wrong information often leads to denials of an H-1B, even if the initial adjudication was approved.”
An employer being raided should also request the name, title, and contact information for the site investigator. “It’s an employer’s right,” Banerjee says. That said, “Don’t speak to an investigator without a witness being present,” Banerjee adds, “Remain organized and keep a list of all documents being submitted.”

In many states, at least 20,000 companies with H-1B visa employees are experiencing these audits. It doesn’t have to end up like the Inquisition.