H-1B Auditers, what they have to fill out
The following is a simplified version of the instruction sheet that the H-1B Audit inspectors have to fill out:
1. Does the facility visually appear to be that of the organization? (Take pictures if possible of the building with Number of building.
Include in narrative box:
1) Description of the location:
• Commercial office unit;
• Apartment or condominium complex;
• Single family residence;
• Mail center/postal location; or
• Virtual office (a business with multiple small workstations leased to numerous entities).
indicate if any other businesses are sharing the site location and the names
2. Was an organizational representative authority present?
In cases where contact cannot be made
Inquire with neighboring businesses and/or residents to determine:
• . If the business actively engaged in business activities.
• The business’ normal hours of operations.
• It they are familiar with the benefic1ary and/or petitioner.
3. Did results of site visit suggest the presence of a legitimate organization
Include In narrative:
1) Indicate the product end/gr service the company provides.
2) Number of employees.
3) Number of H1B employees that work full time.
4) Number of H1B employees that work part time.
5) Number 01 employees working on-site at this location, verses off site.
6) Number of clients the company has where their H1B employees are working.
7) Number of employees how that are non immigrant aliens.
8} Number of employees that are lawful permanent residents.
9) Length of time the organization has been in business.
10) Number of other locations the organization is located. List other.locations.
4. Did the organization have knowledge of the beneficiary and the petition filed on Please note that even if the employer’s secretary has knowledge of who the beneficiary is, and the signatory of the petition is not present, the secretary should only state that, and not try and guess on answers that the Auditors are asking
5. Was the beneficiary working for the organization on behalf of the beneficiary?
Include in the narrative:
1) Whether or not the beneficiary is employed by the organization and what supporting documentation was reviewed (i.e., recent pay stubs, business cards, Employee ID).
2) If the beneficiary is not currently employed by the organization:
• Indicate where the beneficiary is currently working; and
• Why the beneficiary Is not employed by the organization.
3) The hours the beneficiary works.
• Full-time or part-time position.
4) If the beneficiary Is employed somewhere else:
• What type of work?
6: Were you able to identify and speak to the beneficiary
7. Was the beneficiary knowledgeable, cooperative, and forthcoming with questions
8. Was the beneficiary being paid the salary as indicated?
9. Was the beneficiary performing the duties as indicated?
10. Do you recommend further inquiry?
Contact Houston Immigration Lawyer, Annie Banerjee for more details