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 Very Imp for H1b Guys, Keho Yo??? Any more Info??
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Posted on 11-18-09 1:13 PM     Reply [Subscribe]
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USCIS has established the Office of Fraud Detection and National Security (FDNS). to enhance the integrity of the U.S. immigration system. The FDNS is responsible for identifying and investigating fraud in immigration applications and petitions. Its purpose is to evaluate the integrity of immigration benefits programs, including the H1B program. This involves conducting a purely random sampling of pending and completed cases. FDNS's Immigration Officers conduct site inspections inside the U.S.

 

The site visits may occur at the H-1B employer’s principal place of business and/or at the H-1B nonimmigrant’s work location, as indicated on the Form I-129 petition (regardless of whether the work location is controlled by the H-1B employer). The employer may request that its immigration attorney be present during the site visit. However, FDNS officers will not typically reschedule a site visit so that an attorney may be present. FDNS has stated that it will allow counsel to be present by phone, if requested.

 

During the H-1B site visit, the FDNS officer will normally verify information continued in a specific immigration petition. The FDNS officer will normally have a copy of the petition. The FDNS officer will usually request to speak with the employer’s representative who signed the Form I-129. However, because the site visit is unannounced, if this representative is not available, the FDNS officer will then ask to speak with another employer representative, such as a Human Resources Manager.

 

After speaking with the employer’s representative, the FDNS officer may then request a tour of the employer’s facility. During the tour, the FDNS officer may take photographs of the facility. The FDNS officer will then normally request to interview the H-1B beneficiary. During this interview, the FDNS officer may ask the beneficiary about his/her job title, job duties, responsibilities, employment dates, position location, requirements for the position, his/her academic background and previous employment experience, his/her current address, and information about his/her dependents, if any.

 

After speaking with the H-1B beneficiary, the FDNS officer may then request to speak with a colleague of the beneficiary and/or the beneficiary’s manager. When speaking with these individuals, the FDNS officer will again request information about the beneficiary’s position title, the position duties, and the requirements for the position

 

After conducting the interviews and receiving any requested documentation, the FDNS officer will complete the site visit. H-1B site visits usually last for less than an hour.

 

HOW TO PREPARE FOR THE SITE VISIT:

 

q       Review the H-1B petition in its entirety - the nature of the job offer, and the terms and conditions of employment.

 q       Personnel responsible for greeting visitors should be advised that it is company policy not to admit any unauthorized persons to the private areas of the business, including government agents or contractors, without the approval of a designated company official. In the case of agents or contractors investigating a visa sponsorship petition, the designated official should be knowledgeable of the petitioner’s immigration program and the conditions under which the beneficiaries are employed.

 q       Request the name, title, and contact information for the site investigator. If the investigator identifies himself as a USCIS FDNS contractor, request a business card with a toll free number to obtain confirmation of his credentials prior to providing any information.

 q       Do not to speak with government agents or contractors without a witness present.

 The USCIS Vermont Service Center has indicated to us that it has transferred approximately 20,000 cases to the FDNS as part of the H-1B assessment program. Therefore, it appears that FDNS officers will be appearing at the offices of numerous H-1B employers within the next few months to gather information about their compliance with the H-1B program.

 


 
Posted on 11-18-09 1:32 PM     Reply [Subscribe]
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Error occured here because of server configuration. Any inconvenience is regretted - admin
 
Posted on 11-19-09 10:06 AM     Reply [Subscribe]
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I have heard this will affect only those company which has 150 or more employess (Big Companies). What you say ????Any new news about this????????
 
Posted on 11-19-09 11:30 AM     Reply [Subscribe]
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what happens with Indian consultancy where 100% of employees are in H1B. do you guys have any ideas
 
Posted on 11-20-09 10:49 AM     Reply [Subscribe]
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Posted on 11-20-09 10:54 AM     Reply [Subscribe]
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Calculating if an Employer is "H-1B Dependent" 

Employers should calculate the ratio between its H-1B workers and the number of full-time employees in order to determine if an employer is "H-1B dependent". Under ACWIA (American Competitiveness Act), if an employer is considered H-1B dependent, lots of additional requirements are imposed. These include making additional attestations on the LCA (Labor Condition Application) form, prohibitions on laying off employees in the period before and after filing the I-129 and documenting good faith efforts to recruit US workers. 

The following is the formula for determining if an employer is H-1B dependent:

  • 25 or fewer full time employees and more than seven H-1B temporary workers.
  • 26 to 50 full time employees and more than twelve H-1B workers.
  • More than 50 full time workers if 15% of the work force is comprised of H-1B workers. i.e., in counting the number of full time workers for this particular case, H1B workers are included.

An employer can use its own standard in determining who is a full-time employee provided that the standard is no less than 35 hours of work per week. All employers must now keep copies of I-129 petitions or requests for extensions. Employers can use a "snap shot" test to determine if dependency status is readily apparent; a full computation is only needed if the number of H-1B workers exceeds 15% of the total number of workers employed.


 
Posted on 11-20-09 12:37 PM     Reply [Subscribe]
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This is true guys.  Homeland Security(HS) surprised us yesterday with visit. I work for a company's small site in MA whose head quarter is in NC.  HS person was in plain cloth and he came un-announced and introduced himself to our building security guard. We are in shared building. Visitors usually come to our floor and sign in with our receptionist. But this HS guy asked building security to contact one of the manager from our company. Building Security has me as IT security contact and another lady as facility contact. It is unusual to get a call from building security during the day so, we both went down and introduced to HS guy.  He asked us some questions to verify and finally told us why he is here. He was here to verify one of the staff who is going through H1B process. Our facility manager had no idea what this guy was talking about. She almost screwed this staff's case by sending him back saying contact our HR office in head quarter and this staff is not in the office. Since I went through H1B process myself, I was really surprised with this visit not knowing this is a new process. But, knowing that this will put this staff's case in jeopardy and delay, I butt in and invited him to our floor. We put him in one of the conference room and I explained our facility manager outside the room why he is here for.  We were still reluctant so we asked his identity and business card.  I came out of the room and called HS main #, his DID and his manager to make sure we are really talking to HS.  Receptionist at HS was rude but the manager guy was nice. He also explained that this is new process HS is doing to verify the application.  They have assigned one agent to each area and they will be doing random verification.  HS asked for 3 pay check stubs, wanted to see staff's cube/office and verify home address.  We showed him staff's cube but were unable to provide him paystubs and verify home address as these falls under HR department. HS wouldn’t talk to HR via phone saying in the application there was not mentioned that this is one of the regional site etc. etc. Initially, he had marked the application as "invalid with red ink" but after he saw our office area, staff's cube and my explanation of being regional site, he marked as it " in complete" and give our HR to contact his office within three days. My facility manager is still confused......


 


 
Posted on 11-20-09 4:04 PM     Reply [Subscribe]
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. Niravana, are you a IT consultant and do you work for some Desi consultancy.
Last edited: 20-Nov-09 04:04 PM

 
Posted on 11-20-09 4:08 PM     Reply [Subscribe]
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Guys,

Don't create a Hoopla out of this..If u have a legitimate Job/project and u are not in bench..u should be fine..

Working for a Direct Employer or Working in Desi Consultancy doesn't matter as long as you are maintaining Valid H1B status...Let the Feds do their Job..



 
Posted on 11-20-09 4:34 PM     Reply [Subscribe]
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Nirvana75062,


No I am not a IT consultant and don't work for desi consultancy.  I work in IT field for NC based company which has a regional office in MA.


And, Pyaradeshbasiharu,  this is not Hoopla.  Since this is true and new process of HS, we are just making aware of this to folks who might get impacted. Sharing right information is always good.


 


 
Posted on 11-21-09 10:35 AM     Reply [Subscribe]
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Mr Nirvana,

Sharing Info is always good and it is nice to Share the Info..However my point is Work Site Audit is happening since 2-3 months back and i also had audit 2 months back..As Long as one is Fulfilling  the requirement of  H1b one should be fine..and the info u are supposed to give to the Feds is Voluntary..Always talk to ur Legal PPL before handing any info whatsoever to them..



 


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