USCIS Is Conducting Site Visits to H-2B Employers

October 31, 2018

By Immigration Group

This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Laura Danielson is an active member.

Police OfficerAccording to reports, U.S. Citizenship and Immigration Services (USCIS) is conducting site visits to H-2B employers nationwide in a variety of industry sectors. A site inspector may ask to review documentation and interview staff and the H-2B worker. There may be follow-up contacts, and the agency will document the findings in a Compliance Review Report and determine whether further investigation is warranted.

Among the questions being asked of employers are:

  • the H-2B workers’ job titles,
  • dates of beginning and ending of employment,
  • daily job duties,
  • physical locations where the work is performed,
  • the onsite point of contact for the workers at the worksite,
  • how the workers are monitored to determine whether they are appearing for work as required,
  • whether any of the workers failed to complete the full employment period and, if so, whether the employer reported this failure to USCIS (including documentary evidence such as copies of emails or mailed letters),
  • whether the employer offers housing to H-2B workers and if so, where, what type, and at what cost, and
  • whether the employer offers transportation to and from the worksite.

General information on site visits (which does not mention H-2B workers specifically) is available here.