USCIS to Conduct 25,000 H-1B Employer On-Site Inspections

This past year, the USCIS increased its practice of conducting on-site inspections of employers who file H-1B petitions on behalf of foreign professional workers.  This on-site inspection program is expanding, and USCIS is expected to conduct approximately 25,000 on-site inspections this fiscal year.  That is a five-fold increase from the past fiscal year.

We also expect an increase in criminal prosecutions of employers who violate H-1B or other immigration laws.  According to information provided by Immigrations and Customs Enforcement (ICE), there were 5,184 arrests of employers in 2008.  Of this number, 1,103 were criminally prosecuted for immigration violations.  To put this in perspective, in 2004 there were only 165 criminal prosecutions of employers.

Employers should make sure they are complying with all immigration laws.  If an employer is uncertain whether they are complying with I-9 or H-1B laws, they should contact an immigration attorney for counsel.  We will provide additional information on as it becomes available.