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KCC Set to Conduct Unannounced Audit of NIV Petitions

May 1st, 2012

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DOS Decides to Create Base Petitioner Record for All First Time Petitioners

Lack of information in the USCIS Computer Linked Information Management System (CLAIMS) has resulted in a Department of State decision to create a “base petitioner record” for all first time petitioners.  The Kentucky Consular Center (KCC) has begun the process of creating these records.  To accomplish that, the KCC will be verifying information contained on Form I-129 by reviewing the company website and company contact information and using GoogleEarth to confirm that an office exists in the reported physical location.  Once the base record is created, KCC will re-verify the information at two-year intervals as needed.

Beneficiary Reviews

KCC has also initiated a pilot program for verifying information related to beneficiaries and proposed U.S. employment.  These checks will be completed at random and will primarily be completed via unannounced telephonic contact with the petitioners.  This contact will generally occur shortly after the filing of the petition but may occur at other times.  Phone calls will be conducted by one of 15 designated contractors .  They will contact the employer, ask to speak with the designated representative and ask a series of questions which will serve to verify the ifnormation provided on Form I-129.  Those questions may include, but are not limited to:

  • Did the petitioner submit the petition?
  • When was the business incorporated?
  • Where is the physical location of the petitioner?
  • How many employees does the petitioner have?
  • What are the shareholders names?
  • Where is the Attorney of Record located?

Background
In 2007, the Department of State isntructed consular posts that they may verify the details of approved nonimmigration visa petitions through the Petition Information Management Systems (PIMS).  The electronic PIMS record created by KCC is the primary source of evidence used by consular officers to determine if a nonimmigrant visa was approved.  In addition to the information submitted on Form I-129, the PIMS reports also contain information from DOS’s Fraud Prevention Unit.  This unit performs research on petitioners on a random basis to verify factual aspects related to beneficiaries and their U.S. employment.  It is through this agency that the above reviews will be conducted.
Click here for tips on responding to an unanticipated audit of this nature.
If you have questions regarding your company’s current compliance with regulations regarding the employment of foreign nationals, or other immigration related questions, please contact us for a consultation.
Page Summary:  DOS and KCC will work together to create a base petitioner record as part of the PIMS report for all first time petitioners.
Some information compliments of AILA: American Immigration Lawyers Association.