January 10, 2014Client Alert

Government Following Up on H-1B Immigration Status Holders

The Department of Homeland Security (DHS) has recently contacted many employers requesting the following information regarding employees who hold H-1B immigration status:

  • A copy of the employee’s driver’s license
  • Start date of the employee
  • Job title and duties
  • Salary
  • Hours and days of work
  • Recent paystubs/payroll record confirmation
  • A work badge (if applicable)

The DHS representative will often ask to see the employee’s workspace. The government seeks this information to confirm the employee is in fact performing work on the terms and at the location noted in the H-1B petition.

These inquiries can come by way of a personal visit or by email (where there has been a prior visit to the employer). To prepare for such visits/inquiries, we recommend H-1B employers verify that the work locations, compensation amounts and job duties of each H-1B employee matches the information contained in the employee’s H-1B filings. Additionally, H-1B employers should ensure their H-1B Public Access files are complete.

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