Immigration enforcement activities have continued apace in spite of the unprecedented changes wrought on U.S. employers due to the coronavirus pandemic. Any U.S. employer, even those without foreign nationals on staff, may be subject to immigration‑related compliance audits. Recent enforcement activities have included I‑9 audits, Department of Labor (DOL) investigations, citizenship status discrimination investigations, I-9 document abuse investigations and Department of Justice (DOJ) civil suits alleging improper favor of temporary foreign workers over U.S. workers. Less punitive, but more common, are random and unannounced site visits by immigration officers at worksites employing H‑1B temporary workers; L‑1 multinational managers, executives and specialized-knowledge workers; and F-1 foreign student on STEM Optional Practical Training (OPT).

The current administration’s focus on legal immigration and its emphasis on “Buy American, Hire American” policies has led to a significant increase in site visits. Site visits can occur prior to the approval of an H or L visa petition or any time after it has been approved. Site visits in the STEM OPT program can occur any time during the two-year duration of the F-1 student’s work authorization. Site visits are conducted by immigration officers or contractors, often retired Department of Homeland Security or law enforcement personnel. The purpose of a site visit is to provide the government with the opportunity to verify information that was provided by the employer in support of the immigration application.

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