The U.S. Department of State has confirmed that contractors on a pre-approved list at the Kentucky Consular Center (KCC) are now auditing approved nonimmigrant petitions -- including H-1B and L-1 petitions -- in order to verify that information contained in the petitions is correct. The audits are creating significant delays for petition-based visa applicants at embassies worldwide.
Continue Reading...In recent months there have been multiple reports that some H-1B workers arriving at Newark Liberty International Airport in New Jersey have been questioned extensively by U.S. Customs and Border Protection (CBP) officers about their employment in the United States. In some cases H-1B workers have been refused entry and/or had their visas cancelled. CBP headquarters has since confirmed that most of these incidents occurred as part of an enforcement action involving companies that are under investigation for immigration violations, presumably involving fraudulent H-1B petitions or inadequate documentation. Based on the types of questions being asked by CBP, there are also indications of increased scrutiny of H-1B workers who are employed by consulting firms, based on the January 2010 Neufeld memo discussed in our previous blog entry Indian nationals who are employed by consulting firms appear to be the primary targets of these enforcement efforts.
Continue Reading...Since 2009, the Department of State has been phasing in a new, online visa application form at embassies worldwide. The new DS-160 combines all previously used forms (DS-156, DS-157 and DS-158) for all nonimmigrant visa applications except Ks and Es. DOS's goal is to use the DS-160 exclusively worldwide by April 30, 2010.
Continue Reading...U.S. Citizenship and Immigration Services (USCIS) has engaged outside contractors to conduct thousands of site visits to petitioners, including companies that have sponsored employees in H-1B, L-1 or O-1 status. Typically, the site visits are conducted after approval of the petition. The investigators may arrive unannounced at the work site, or call the company ahead of time to plan a time to visit the company office or facility. According to information provided by one such investigator, the purpose of the site visit is to verify that the company is a real operating business entity, and that the person sponsored in the petition is actually employed by the company in the manner described in the petition. Hunton & Williams clients should contact us immediately if your company is the target of such an investigation, so we can coordinate the process and assist with satisfying any legitimate requests by the investigator.
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