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These preparation tips are similar to those offered in our previous article: H-1B Visa: Unannounced Site Inspections Expected to Increase Five-Fold in 2010
Proper preparation of employers in the event of an unanticipated site visit or telephonic interview is important. Please ensure that the designated representative from your company is aware of the following tips in such an event:
The designated representative should be fully aware of all information material to the employer’s sponsorship eligibility, employer’s public contact information, the beneficiary’s eligibility for the status benefit, the nature of the job offer and the terms and conditions of employment specified in the petition.
Although most KCC contact will occur shortly after the approval of the Petition, KCC may contact the petitioner even after visa issuance.
Employers should request the name of the KCC contractor and confirm the credentials prior to providing any information. Confirmation may be obtained by contacting KCC at (606)526-7500.
Employers should advise their counsel of the contact and should strive to have counsel present at any follow up calls.
The Employer’s designated representative should NOT speak to any contractor without a witness present. Both the witness and the designated representative should speak with the company’s counsel as soon as possible after the call for documentation purposes.
The designated representative should retrieve and review the Form I-129 in question prior to answering questions from the contractor. If the representative is unsure of an answer, he or she should indicate that to the interviewer rather than trying to “guess.”
Employers should be aware that all information obtained during the telephonic contact and subsequent nonimmigrant visa interview may be used regarding a previously approved petition in the post-adjudication process. This information could also be referred to USCIS and ICE for further investigation if fraud is suspected.
If you have questions regarding your company’s compliance with regulations applicable to the employment of foreign nationals, or other immigration related questions, please contact us for a consultation.
Page Summary: Tips for dealing with an unannounced call regarding nonimmigrant visa petitions.
