Hunton Immigration and Nationality Law Blog : Immigration Lawyer & Attorney : Hunton & Williams Law Firm : Workplace Enforcement, Immigration Visas

Auditors may make a "cold call" to the U.S. employer who filed the petition, asking about the company's activities, location, employees, shareholders, etc., and may also review the company's website or use Google Earth to confirm the existence of a facility in the location specified on the petition.  Contractors may also ask employers about the beneficiaries of these petitions -- the foreign nationals whom the employer wishes to employ (or continue employing) in nonimmigrant status.

Following verification, the contractors will create new "base petitioner records" in the KCC's Petition Information Management Service (PIMS) database.  Until KCC verifies the petitions and updates these records, no consular officer at a U.S. embassy abroad may issue a petition-based visa to an applicant.  Consular officers are also instructed to question visa applicants further in order to determine if the beneficiary information in the updated PIMS record is correct and complete.

Any adverse information the KCC contractor learns during an audit call may lead to denial of a beneficiary's visa application, even based on a previously approved petition, and may also affect the approvability of future petitions. Therefore, a U.S. employer who receives such a call should contact immigration counsel prior to providing any information so that (a) the auditor's name and credentials can be compared against the approved list; (b) counsel can be present on the call; (c) the employer can prepare adequately by reviewing the petition; and (d) the call can be documented appropriately.
 

CBP officials in Newark have also informed immigration attorneys of a new policy to carry out random checks of returning H-1B and L-1 visa holders to determine if they are truly entering the United States to engage in authorized employment activities.  These random checks reportedly involve a few additional questions about the traveler's employment during the primary inspection, and referral to secondary inspection if the officer believes further questioning is warranted.  Although there have been no widespread reports of similar issues occurring at other international airports in the United States, visa holders and their employers should anticipate that similar practices will be seen elsewhere in the months and years to come.

While the vast majority of foreign nationals with work visas routinely enter the United States without incident, these reports offer an opportunity to remind individuals and their employers to plan ahead before making international travel plans.  Knowing in advance what questions may be asked and what documents may be requested by CBP will help to avoid misunderstandings, delays or other more serious problems from developing.  Your company's immigration attorney can identify specific risks that are more likely to occur with different types of visas, travel plans and employment situations, and help you to develop strategies to help make the admission process go as smoothly as possible.