Council for Global Immigration quoted in article – “Be Prepared for L-1 Employer Site Visits”

4/15/2014
Council in the News
​​SHRM, 04/07/2014 –

“Employers of L-1 intra-company transferees should be prepared for unannounced workplace site visits from the U.S. Citizenship and Immigration Services’ (USCIS) Fraud Detection and National Security (FDNS) division, which announced it was expanding its inspection program to include such employers in 2014.

“Since 2009, FDNS has conducted tens of thousands of unannounced inspections of H-1B employers in an effort to root out fraud and abuse in the visa system. The expansion of visits to L-1 employers comes in response to an August 2013 report released by the U.S. Department of Homeland Security’s Office of Inspector General (OIG) which among other recommendations, called for mandatory inspections by USCIS prior to extending ‘new office’ L-1 petitions.

“…The OIG report found that new office petitions and extensions are inherently susceptible to fraud and abuse because much of the information in the initial petition is forward-looking and speculative. Some of the issues that were found include the lack of a realistic business plan, vague staffing structures, managers who perform nonqualifying work as a central part of their job, and inconsistencies in how the beneficiary’s managerial or executive job is described.

“…‘We’ve heard these site visits were coming, and likely coming in a major way,’ said Justin Storch, manager of agency liaison for the Council for Global Immigration. Storch cautioned L-1 employers that while it remains uncertain what the scope of FDNS site visits will be, ‘L-1 audits are likely to include all types of L-1 petitions, not just new office petitions.’”

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