Sample USCIS Follow-Up Questions after H-1B Site Visit

The American Immigration Lawyers Association (AILA) Verification and Documentation Committee recently received an example of follow-up questions posed by USCIS officer following an H-1B site visit. In the example, the officer is requesting information from the employer to potentially assess compliance with the Neufeld H-1B Employer-Employee Relationship Memorandum.

The example is as follows:

As I mentioned during our telephone conversation today I am an officer with US Citizenship and Immigration Services. On September 14th, 2010, USCIS attempted to conduct a site visit at _________________ . Specifically the Site Inspector was attempting to verify the employment of __________________ . Unfortunately, the site visit was not successful. I would very much appreciate your assistance in verifying the employment of _________________ .

Specifically I would like to know:

1) The start date of __________ ‘s employment with your organization;
2) The specific geographic location and physical address ______________________ is working at;
3) The current client that ___________________ is assigned to. Please also provide the start date of __________________ ‘s employment with that client, as well as contact information for a representative of that end client. If the end client is not the direct client of your organization, please indicate that, as well as the sub vendor your organization is contracted with. In regard to that employment please also address the following questions:
a) How is _____________ supervised? Is such supervision off-site or on-site?
b) If the supervision is off-site, how do you maintain such supervision?
c) Who controls the work of __________ on a day-to-day basis?
d) What tools or instrumentalities needed for _______________ to perform the duties of employment are provided by your organization?
e) Who evaluates the work-product of ___________________ ?
4) The specific job duties that _______________ is performing;

Feel free to contact me at the number below, or via email, if you have any questions.

Given the expanded focus of the site visits, employers should be prepared to answer questions related to the ‘right to control’ their H-1B foreign employees.

To get more information on the Neufeld Memo regarding the employer-employee relationship, please click HERE.

We will post additional information at www.bashyamspiro.com when it becomes available.