USCIS Makes H-1B Visa Site Visits a Routine Protocol

For the past few months, the U.S. Department of Homeland Security, Citizenship and Immigration Services ("CIS") has conducted an investigation program aimed at visiting H-1B petitioner worksites throughout the U.S. These site visits began as part of the CIS' goal to decrease the number of H-1B violations and instances of fraud reported by the H-1B Benefit Fraud & Compliance Assessment from CIS' Office of Fraud Detection and National Security ("FDNS"), published this past September. According to the FDNS' findings, as many as one in five H-1B applications were affected by either fraud or "technical violations" of the H-1B program.


Why should employers care? Any employer who sponsored a foreign national worker for an H-1B visa can be subject to an unannounced site visit. What this means is that an investigator can randomly show up at a worksite and demand to see a copy of the H-1B petition, interview the person who represented the company in connection with the H-1B as well as the H-1B employee or other employees presently on site. Any inconsistencies found can mean big trouble for employers.


FDNS has indicated that it does not need a subpoena in order to complete the site visit because USCIS regulations governing the filing of immigration petitions allow the government to take testimony and conduct broad investigations relating to the petitions. However other sources say that employers are not required to give in to the investigators' demands without a subpoena. What to do? Our office recommends that you always comply as much as possible with any investigative agency that shows up at your door. CIS has indicated that attorneys can be present during an inspection, but the investigator is not likely going to come back another day if the attorney is not available on the day of the unscheduled visit. Attorneys may be present via telephone in these circumstances.


Some common questions that have been raised by employers include: "how are companies selected to be investigated," "if I am visited, should I be concerned," "what type of violations are the investigators looking for," and "how can I prepare for a site visit from a CIS/FDNS investigator?" To address these issues in order, firstly any employer who has filed an H-1B petition can be subject to a site visit. While CIS claims the employers are chosen at random, close to 40,000 employers' names have been selected for site visits. Some factors that may have been taken into consideration when selecting these 40,000 employers include: companies with less than 15 employees; companies with less than $10 million in sales; companies less than 10 years old; accounting, HR, business analyst, sales and advertising positions; and petitions where the beneficiary merely had a bachelor's degree, not an advanced degree.


If your company is visited and your records are in order, you have nothing to worry about. Generally speaking employers are aware of inconsistencies before any investigative agency may catch wind of it. That being said, if the investigators uncover any inconsistencies or instances of fraud, the case may be referred to U.S. Immigration and Customs Enforcement (ICE), or the Department of Labor (DOL) for further investigation depending on the offense. This could mean there will be monetary, and if egregious offenses, possible criminal penalties for the employer.


The objective of the unannounced on-site visits is clear: to detect fraud and abuses of the visa program. According to USCIS, the offenses range from technical violations to outright fraud, with the most common violation being the non- payment of a prevailing wage to the H-1B beneficiary. More specifically, the investigators may be looking for the following types of violations: job location not listed on the H-1B petition and/or LCA; H-1B worker not receiving the required wage; fraudulent H-1B documents or H-1B worker credentials; non-existent business or office location; job duties significantly different from those listed on H-1B petition/LCA; misrepresentation of H-1B status by the H-1B worker (e.g., had been terminated from previous H-1B position prior to new employer H-1B being filed); and H-1B worker paid the $1500 ACWIA fee.


How can you prepare yourself and your company for a possible site visit? Step one is to ensure that you have Public Access Files (PAF) for each H-1B worker, and that the PAF documents are accurate and up to date. In general, it is a good idea to review and audit your H-1B/LCA records to make sure everything is in order and all information is readily available. Designate a specific individual at each H-1B worker location to meet the investigator should he/she arrive. Prepare a quick list of facts about the company and also a listing of H-1B workers, work locations, title and salary information so you don't need to search frantically for this information while the investigator is there. If you are not sure what a PAF is, or if you'd like to have your documents reviewed by legal counsel, you may contact our office at the number or e-mail below.


Learn more About Nachman & Associates, P.C. When traditional immigration approaches do not work, our skilled legal team offers many visa options to meet your immigration goals. Please feel free to contact us at any of our seven office locations, and speak to an associate in one of our 12 languages spoken, including: Spanish, French, Japanese, Korean, Slovak, Czech, Polish, Tagalog, Italian, Russian, Chinese, and German.

To meet a growing demand for Canadian immigration from the United States, in 2005 Nachman & Associates formed a Canadian Division, managed by licensed Canadian legal staff. With offices in Montreal, and Toronto, Canada (as well as in New York and New Jersey in the U.S.) our Canadian Division attorneys are in the unique position to assist with cross-border issues. If you, or any member of your staff, are interested in receiving more information about U.S. and/or Canadian Immigration options, please contact our offices at 201-670-0006 (x100) or e-mail to us at info@visaserve.com.
Website: http://www.visaserve.comNachman & Associates, P.C.David H. NachmanManaging Attorneyemail: david_nachman@visaserve.com phone: 201-670-0006 ext. 100
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Hiring a Foreign National - Understanding Visa Programs Available

Work visas authorize employment in the U.S. on a temporary basis. The process should begin about five months before the employment start date of the foreign national employee. While there is a vast array of temporary work visas available below are the ones with which you, as the prospective employer of a foreign national, will most likely require:



1. H1-B Visa - This visa is for specialty occupations, It requires applicants to have a college degree. Approximately 65,000 H1-B visas are issued annually.



2. H2-B Work Visa - This visa is issued to skilled and unskilled workers in non-agricultural jobs. Approximately 66,000 of these visas are issued annually.



3. H-3 Trainee Visa - As the name implies these visas are issued to foreign national who will be employed in on-the-job training programs. The H-3 is available for up to a two-year period in a variety of industries, provided the type of training is not available in the prospective foreign employee's home country. There is no limitation on the number of H-3 visas that are issued in the U.S.



4. J-1 Exchange Visitor Visa - These visas are available to foreign nationals who are sponsored by a school, business of other organization for employment such as an au pair/nanny, summer camp counselor/staff and medical resident/intern type work.



5. L-1 Intra-Company Transfer Work Visa - These visas are available to current foreign national employees of multi-national U.S. companies who are needed to work for the same company but in the U.S.



If a foreign employee has a U.S. permanent resident card (green card), the employee is treated as a U.S. resident for all employment-related issues and is subject to income tax on their worldwide income. If the foreign national is already in the U.S. on a work visa, for a current employer, you may be able to transfer the work visa to your company.



Tom is a Certified Public Accountant, a Certified Financial Planner, CLTC (Certified Long-Term Care) and President of Cerefice & Company, the largest CPA firm in Rahway, New Jersey. Tom works with clients helping them manage their money, retirement planning, college savings, life insurance needs, IRAs and qualified plan rollovers with an eye towards maximizing tax benefits and minimizing taxes. Tom is founder of the Rich Habits Institute and author of "Rich Habits".



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How We Can Apply For A Denmark Green Card

How We Can Apply For A Denmark Green Card
By Ajay S Sharma

Danish Green Card: Denmark's point based Immigration scheme

The United Kingdom, Canada, Australia, New Zealand and Denmark welcome skilled professionals against Points based immigration systems. Denmark Green card holders get a three-year residence permit for the purpose of seeking work, and subsequently living and working, in Denmark. A residence and work permit under the Green card scheme is issued on the basis of an individual evaluation using an immigration point system designed to assess the likelihood that the applicant will be able to find qualified work in Denmark. Points are given for educational level, language skills, work experience, adaptability, and age. Program offers bonus points to the immigrant applicants who have worked in EU or have earned European educational qualification. Only applicants whose occupations are in shortage in Denmark and are mentioned in the positive list can apply for Danish Green Card.

Immigration Denmark Green Card- Accompanying spouse and children

If you hold a permit under the Denmark Green card scheme, your spouse, registered partner or cohabiting partner, as well as any children under the age of 18 who are living at home with you, are also eligible for residence permits. Your family members must be able to support themselves and you must live together in Denmark at the same address. Your spouse, registered partner or cohabiting partner is allowed to work full-time for the entire period his or her permit is valid.

Immigration Denmark Green card - Duration

A residence permit under the Green card scheme can be granted for up to three years with a possibility for extension of up to four years. Your residence permit can only be granted or extended up to three months before your passport expires. This means that if your passport expires in 12 months, you can only be granted a permit for nine months, or your permit can only be extended by nine months.

Immigration- Denmark Green Card Extension

Your residence permit can be extended by four years if you have worked for the past 12 months for a minimum of ten hours per week. Your residence permit can be extended by one year if you have lost your job through no fault of your own (e.g. due to cutbacks) no more than three months before applying for an extension, and if prior to this, you worked for 12 months for a minimum of ten hours per week.

Denmark Green Card- processing delays

Denmark green card carries a processing delay of 30-60 days from the date of filing the complete application with all required documents. An application for a Denmark Green card residence permit is considered complete if the Immigration Service does not need to request CIRIUS - a body under the Ministry of Science, Technology and Innovation - to evaluate the applicant's educational level. CIRIUS is normally requested to evaluate an application if an applicant who attended a foreign educational institution has not included a CIRIUS evaluation as part of the application. Once CIRIUS has provided its evaluation, the application will be considered complete and processed within one month. The Immigration Service will inform applicants whose applications have been sent to CIRIUS for review.

Denmark Green Card - Required documents

* Translation: ANY document that is in language other than English and forms part of the application should be and is requited to be translated by a locally state or city authorized translator. He will translate and attest the translations to be true and also provide his registration certification copy as an authorized translator.

* A copy of passport of all family members who are part of the application is required. The copy should include COVER of the passport and ALL pages of the passport.

* Documentation of educational level (diploma, examination certificate): Please note that documents provided should include all degrees/diplomas and mark sheets. They are required ONLY for post senior secondary qualifications, which will means graduation, post graduation and doctorate. In addition, it is required that applicant provides the Full address, email and phone number of the educational institution. The applicant should also provide name, phone and email ID of two officials of the Educational institution.

* Documentation of work experience (statement from previous employer); this will be reference letters from employers that contain all relevant details like date of joining and relieving, designation(s), duties and responsibilities- on the lines it is required for Australia and Canada.

* Documentation of language skills (diploma, test results and/or statement from previous employer).

* Documentation that you can support yourself during your first year in Denmark. This can be provided in the form of a bank statement in your and if married, in spousal name.

The currency of Denmark is Danish Krone (Dkk) and 1 Dkk is around INR 9.20.The form of government is a parliamentary democracy with a royal head of state. Denmark is a developed industrialized country. Denmark is a member of the European Union. The population stands at c. 5,511 million and 85% of the population lives in towns.

This article has been contributed by Ajay Sharma, principal Immigration consultant of ABHINAV.

ABHINAV is among the oldest and most trusted Immigration consulting companies in India and in business since 1994. Over the years, ABHINAV has guided thousands of prospective immigrants and families in achieving their relocation dreams.

For more information on immigrating to Denmark as a skilled worker, please see the Denmark section of our website.

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