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USCIS Site Visits

As part of investigating potential fraud in the H-1B/E-3 program, the U.S. Department of Homeland Security (DHS) can conduct unexpected visits to H-1B/E-3 employers.

Keeping OISS informed about any employment changes is always required.  H-1B/E-3 approval is employer-specific and job-specific.  When OISS submits an H-1B/E-3 petition to USCIS, we are attesting to specific statements about the position, title, salary, hours, duties, degree requirements, and location. If any of these aspects of the H-1B/E-3 employee's work changes, the University may need to file an amendment before the changes are implemented. Similarly, USCIS must be notified if employment ends before the anticipated end date on the immigration approval notice.

These site visits should not cause alarm, as they are generally routine and random.  These can happen in a variety of ways:

  1. A DHS officer attempts to visit and interview the H-1B/ E-3 employee at their work location.
  2. The officer contacts OISS.
  3. The officer contacts the department indicated on the petition filed by the University.

If contacted by a DHS officer:

  • Ask to see their badge and/or identification. Take note of their name and ID number.  Visits are generally conducted by officers from the Fraud Detection and National Security (FDNS) unit.  Please document with whom the Officer met, all of the questions asked by the Officer and the responses provided. If the Officer met with the H-1B/E-3 employee directly, please have the employee thoroughly document the visit.
  • Contact OISS if you receive a visit as soon as you are able.
  • If you cannot answer a question quickly, explain to the officer that additional time is needed. Do not guess or speculate.

The officer will come with a list of prepared questions.  Possible topics may include:

  • Confirm that the information on the I-129 and the Labor Condition Application is valid.
  • General questions about the employer’s place of business, date organization was established, total number of employees. (All of this is found on the I-129 petition.)
  • The Officer may ask to verify the H-1B/E-3 employee’s position, title, duties/job description, salary, and the place of employment, start date, qualifications (academic credentials, work history) and ask to see the employee’s photo ID.
  • The Officer may ask the H-1B/E-3 employees if they paid or reimbursed the university any money related to the filing of the H1B/E-3 petition.
  • The Officer may ask the supervisor about the search and selection process and for a copy of the performance review.
  • The Officer may ask for copies of employee’s W-2s and paystubs to verify that they are working for the employer and being paid appropriately.
  • The Officer may visit the employee’s workspace.
  • The Officer may ask for copies of the H-1B/E-3 petition, employment contract, and agreement or offer letter.
  • The Officer may take photos of the workspace, worksite, lab, office or classroom.
  • The Officer may request the “public access file (PAF).”  These documents along with a copy of the entire petition are maintained for all H-1B and E-3 employees as required by the Department of Labor.  All PAF files are available for inspection at the OISS office at 1902 Sheridan.

The result of the site visit should confirm to USCIS FDNS that the Northwestern’s H-1B/E-3 petition was filed properly under Department of Labor regulations.