March 11, 2025 New York New York Jr. 3145th original post
Many of you may have heard of the USCIS site visits, and New York has always reminded you to be prepared for any possible USCIS visits! Simply put, you need to be very familiar with the information you provide to the USCIS when applying for H 1B L 1, and your direct boss, the company’s HR, should be prepared to deal with random inspections that may be initiated by the USCIS, and if there is a major change in your job, you should also report it to the USCIS in a timely manner. After Trump’s return this year, we have received feedback from several clients about the USCIS conducting on-site inspections. Recently, on-site inspections are not only very frequent, but also have some new trends. On-site inspections no longer only occur at the initial stage when the H 1B or L 1 status has just come into effect. Instead, the USCIS sends staff to their homes to conduct a comprehensive on-site inspection when they have a new application or when there may be red flags on the application in the eyes of the USCIS. Instead, when they have a new application or an application that may show a red flag in the eyes of the USCIS, the USCIS will send a staff member to their home to conduct a comprehensive field examination!
Many of you may have heard of INS site visits, and I have always reminded you that you should seriously respond to any visits that the INS may make at any time!
Simply put, you should be very familiar with the information you provide to the INS when applying for H 1B L 1, and your direct boss, the company’s HR should be ready to deal with the random inspections that may be initiated by the INS, and if there is a major change in your job, you should also declare it to the INS in a timely manner.
After Trump’s return this year, we have received feedback from several clients about the USCIS conducting field inspections, which are not only very frequent lately, but also have some new trends The field inspection no longer only occurs at the initial stage when the H 1B or L 1 status has just come into effect, but rather, when they have a new application or when there may be red flags in their applications in the eyes of the USCIS, the USCIS will send its staff to conduct a comprehensive field inspection. Instead, when they have a new application or an application that may show a red flag in the eyes of the USCIS, the USCIS will send a staff member to their home to conduct a comprehensive field examination!
Situation 1 H 1B Extension I 290B Appeal Mr. Wang, a guest of New Zealand, was given a hard time by the USCIS when he applied for an H 1B extension. For unknown reasons, the USCIS first denied Mr. Wang’s H 1B extension application on the grounds that he did not receive the RFE before the deadline, which in fact was not valid at all because we responded to the RFE within the time limit. We then appealed against the USCIS’s unreasonable decision, but the I 290B application that was filed has been delayed for a long time and has not been followed up. Because of the delay in this appeal, Mr. Wang’s original H 1B had already expired, which meant that the person concerned could no longer continue to work. After the I 290B had been delayed for 10 months, a few days ago, an inspector suddenly called Mr. Wang, saying that he wanted to conduct a field inspection, and that they were already outside of Mr. Wang’s home. The conversation between Mr. Wang and the inspectors went smoothly, and Mr. Wang answered a series of questions from the staff carefully and accurately according to the status of his H 1B application. The staff was also very polite, and in the end, they said that they might send the employer another email to confirm some information in the future, and made it clear that they hoped that the result of this visit would be an advancement of the I 290B application that was being processed.
Situation 1 H 1B Extension I 290B Appeal
Mr. Wang, a client of New Zealand, was given a hard time by the USCIS when he was applying for H 1B extension.
For unknown reasons, the USCIS first denied Mr. Wang’s H 1B extension application on the grounds that he did not receive the RFE before the deadline, which in fact was not valid at all because we responded to the RFE within the time limit. We then appealed against the USCIS’s unreasonable decision, but the I 290B application filed by Mr. Wang has been delayed for a long time and there has been no response.
Because of the delay in this appeal, Mr. Wang’s original H 1B had already expired, which meant that he could no longer continue to work. After the I 290B had been delayed for 10 months, a few days ago, an inspector suddenly called Mr. Wang, saying that he wanted to conduct an on-site inspection and that they were already outside Mr. Wang’s home.
The conversation between Mr. Wang and the inspectors went smoothly, and Mr. Wang answered a series of questions from the staff carefully and accurately according to the status of his H 1B application. The staff was also very polite, and in the end, they said that they might send the employer another email to confirm some information in the future, and made it clear that they hoped that the result of this visit would be an advancement of the I 290B application that was being processed.
Situation two H 1B professional immigrant green card I 485 pending
Ms. Lin, another customer of New York, is also an H 1B, she is currently applying for a green card for professional immigrants and has already submitted I 485, and she received the I 485 interview notice at the end of last year.
Here, I would like to remind you that the I 485 stage is not as simple as just going through the motions, if the Immigration Bureau has any doubt when processing the I 485, an interview will be arranged!
Usually, if the USCIS arranges an interview for an I 485 case, the interviewer will be prepared to ask questions about the doubts they have in the process of processing the case.
For example, in Ms. Lin’s I 485 interview, she encountered a situation where Ms. Lin’s H 1B was a non-sales position, but the interviewer said that they had seen Ms. Lin’s information in the sales team on the official website of the company where Ms. Lin was employed and had been asking why Ms. Lin held a sales license.
Ms. Lin responded appropriately to the interviewer’s questioning, and the interviewer also said that they would follow up to confirm some information, but a few months have passed and Ms. Lin’s I 485 has been still pending.
Until a few days ago, the Immigration Field Inspection staff visited Ms. Lin’s company directly, interviewed Ms. Lin and her direct boss, inquired about her H 1B status and current work situation, the entire conversation is relatively routine, and they continue to contact Ms. Lin by mail to provide more information.
The USCIS started the Administrative Site Visit and Verification Program from July 2009, this program is designed to verify the existence of fraudulent phenomenon of special types of work visas whether or not in accordance with U.S. legal requirements, generally H 1B L 1 are the focus of the field examination, the following this The following screenshot shows what type of applications the USCIS will initiate a site visit.
Screenshot from the USCIS website, copyrighted by the original author.
The fieldwork program is conducted by FDNS Fraud Detection and National Security (FDNS), a division of the USCIS, and involves random visits to declared workplaces without informing the employer or the foreign employee. The INS claims that the subjects of the survey are selected at random and have nothing to do with the size of the company or the industry in which it operates, but the INS also states that the more foreign employees a company has, the greater the chance that it will be sampled.
Employers should be aware of
Prepare in advance all the relevant information of foreign employees who have applied for work visas, such as Form I 129 LCA documents, employee H 1B application package, in order to be ready to respond to the on-site random inspection by the USCIS.
Employers should be able to provide authentic documents that are consistent with the application immediately if there is a random inspection by USCIS staff.
After the random inspection, the USCIS may also ask the employer to submit additional information, so be sure to cooperate with the USCIS within the specified time.
As an employee, you should pay attention to
Foreign employees should also communicate with their HR or employer in advance to remind them to be prepared for the inspection.
Familiarize yourself with the information in the H 1B application and know your salary, job description, title, hours of work and other basic information.
If there are any major changes in the workplace, wages, and job content, you should remind your employer to report them to the USCIS in a timely manner.
What do you think after reading today’s article? Do you have any experience in field inspection? Welcome to leave a message in the comment area at the end of the article to interact with other partners!
If you have any questions about the U.S. immigration law, or need an excellent legal team to handle the U.S. immigration application for you, please feel free to call Xinu’s hotline 800 685 6947 for free counseling, we will be happy to provide you with enthusiastic service! If you like the article, don’t forget to like, comment, forward, and introduce New to more friends!
If you have any questions about the U.S. immigration law, or need an excellent legal team for you to handle the U.S. immigration application, welcome to call the hotline 800 685 6947 free of charge, we will be happy to provide you with enthusiastic service!
If you like the article, don’t forget to like, comment, forward, and introduce New to more friends!
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