What should employees do if immigration authorities knock at their door?

We have written about some of the recent changes to the H-1B process that the current administration has made, and also noted that many of these changes will likely be undone by the next administration. 

But now, as if employers (and employees) aren't already stressed out enough, word from BAL is that U.S. Citizenship and Immigration Services (USCIS) has resumed employer worksite visits that had previously been put on hold due to COVID-19 and the need to take social distance precautions. However, for many companies, employees are working from home, which means the next stop for authorities would be to the employees' front door — a little "home visit!" Were that to happen, would your employee know how to respond? 

BAL advises:

"Now is a great time for companies to assess their administrative site visit policies and ensure that employees who may be visited at home by an immigration officer understand what to do, whom to contact and what questions they may be asked."

To add to the "startle factor," the reality is that a representative from Fraud Detection and National Security (FDNS) — the unit within USCIS that does these checks — can show up unannounced, although usually these visits are announced with an official letter or email. 

Here are a few additional suggestions from BAL:

1. Review and update policies and procedures for responding to a USCIS site visit.
2. Make sure employees know beforehand whom to call in the event of a site visit.
3. Tell the employee to promptly ask for a photo ID and a business card to confirm the officer is in fact from USCIS.
4.  Understand that for prescheduled or unannounced visits, the company is allowed (and recommended) to have an immigration attorney present.
5. As an HR/mobility manager, make sure that you, hiring managers and employees all know the kinds of things that FDNS officers frequently ask about. Frequently, questions focus on the details of a company's H-1B program (volume, sponsorship for green cards and detail on specific individuals that include job descriptions and duties, documentation, previous experience and current WFH address) and they may ask to speak with the direct manager to verify the information.

In short: be forewarned and get prepared. BAL warns that "the pandemic is not preventing USCIS from restarting its site visit program — even when the 'worksite' is an employee’s kitchen table or spare bedroom."