Site Visits and USCIS Fraud Detection Sonali Patnaik Patnaik Law Office Megan Raesner Xerox Business Services Created in 2004 to detect and deter fraud Fraud Detection and National Security Data System ID: 763047
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Site Visits and USCIS Fraud Detection Sonali PatnaikPatnaik Law Office Megan Raesner Xerox Business Services
Created in 2004 to detect and deter fraudFraud Detection and National Security Data System (FDNS -DS): Database to identify fraud and track potential patterns. Keeps statistical and individual data on EmployersFDNS officers are located in every USCIS Center, District, Field, and Asylum Office. FDNS officers are also located in other government agencies. Fraud Detection & National Security Directorate ( FDNS )
Administrative Site Visit and Verification Program (ASVVP) began in 2009. The visits are funded by the mandatory antifraud fee of $500 that U.S. employers must pay the USCIS when filing H-1B and L-1 visa petitions for temporary foreign workers. ASVVP “Site Visits”
An inspector will visit the work location listed on the H-1B petition unannounced, and ask to see both the company rep who signed the I-129 as well as the H-1B employee Looking to confirm that employee is working at the location listed on the petition, and that the employee is being paid the required wage. Site Visits
Validation Instrument for Business Enterprises Web-based system used as part of the H-1B adjudication process to verify information on the existence and/or financial viability of H-1B petitioning employers. VIBE relies on information from Dun and Bradstreet (D&B), meaning that H-1B petitioners should verify that the company information on record with D&B is accurate, or supply alternate proof of incorporation and ability to pay wage. VIBE
A June 2013 USCIS memo indicates that over 57,000 ASVVP site visits had been conducted, since December 2011, when the program began. Site visits included both religious worker and H-1B casesNovember 2013, USCIS announced that the Site Visit program is expanding to L-1 employers as well. Current State of ASVVP
Step 1: Service Center Fraud Detection Operations (CFDO) selects cases and sends to FDNS Step 2: Inspector conducts site visit Step 3: FDNS Officer reviews information and prepares summary of findings Anatomy of an ASVVP Investigation
VERIFIED Pre-adjudication: to Adjudications Post-adjudication: to storage NOT VERIFIED Referred to FDNS Referred to Adjudications Referred to ICE Step 4: Findings reviewed by CFDO officer
Tips Before an Investigation Develop site visit notification protocol Withdraw petitions when employment terminated Audit files and amend where necessary Change in location issues Third-party worksite issues Social networking – the government is watching!
Request the inspector’s card and credentialsHave a witness present during employee interviewsEscort investigator at all timesRole of attorney during a site visitBe accommodating and cooperative Tips During an Investigation