OIG criticizes USCIS H-1B Site Visit Program

On October 20, 2017 the US Department of Homeland Security Office of Inspector General (OIG) release a report titled “USCIS Need a Better Approach to Verify H-1B Visa Participants”. The audit conducted by the OIG reportedly found that USCIS site visits “provide minimal assurance” that both H-1B petitioners and respondents are compliant under immigration laws and regulations. In short, USCIS site visits do not establish sufficient evidence to determine whether a petition is fraudulent.

Flaws in Site Visits

The report found several flaws in the current process of USCIS H-1B site visits. Firstly, USCIS conducts a limited number of site visits during the year, and visits were found to be limited and incomprehensive. Additionally, OIG reports that USCIS does not place barriers on petitioners that previously abused the H-1B program. The OIG also criticizes USCIS for undeveloped training for field officers, who often underreport important site visit findings. Finally, the report claims that USCIS lacks means to collect, analyze, and report data related to the effectiveness of site visits on the H-1B program.

OIG Recommendations

The OIG report made four recommendations to improve the USCIS site visit program:

• Develop a process to collect and analyze complete and accurate data for all H-1B site visit activity;
• Identify data and assessments obtained through site visit programs post adjudication and implement measures to systematically share this information with external stakeholders as appropriate;
• Conduct an assessment of the H-1B Administrative Site Visit and Verification Program;
• Develop comprehensive policies across Directorates to ensure adjudicative action is prioritized on fraudulent or noncompliant immigration benefits identified by the H-1B ASVVP and targeted site visits.

The US Department of Homeland Security provided recommendations as a means to improve the USCIS H-1B system. However, the recommendations could mean stricter and more frequent visits to H-1B beneficiaries.