Kelly Cobb Takes on Immigration H-1B Site Visits

January 30, 2025 | Podcasts



In the latest episode of Jackson Walker Fast Takes, host Courtney White interviews immigration partner Kelly Cobb who discusses the uptick in USCIS site visits and what H-1B employers can do to prepare for the future.

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Our Host:

Courtney WhiteCourtney White
Research Attorney, Dallas & Houston
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Instagram: @courthousecouture

Episode Guest:

Kelly CobbKelly Cobb
Partner, Houston
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Episode Transcription

Courtney White: Hi everyone, I’m Courtney White and this is Jackson Walker Fast Takes. With the new administration, we know that immigration is a high priority and that includes business immigration. Business immigration attorneys expect an uptick in USCIS site visits.

Please join me today to discuss the uptick in USCIS site visits with Kelly Cobb, an immigration partner in Jackson Walker’s Houston office. Kelly, thanks for talking with me today.

Kelly D. Cobb: Glad to be here Courtney.

Courtney White: I’m excited for us to discuss this expansion of USCIS site visits to H-1B employers. So, to start out, my first question is, can you just tell us what is a site visit?

Kelly D. Cobb: What we’re going to be seeing is pretty similar to what we saw in the past, where USCIS sends out their fraud detection and national security officers to a work site where an H-1B employee is working.

The employer sponsored the individual for an H-1B visa and that’s the address that the individual is purported to be working. And the officer will make a visit, they would want to see the foreign national, they would potentially want to speak with the supervisor, and see the H-1B holders work site, his cubicle or her cubicle or desk. They could potentially want to discuss what are you doing for the company, what’s your salary, and you know, ask just various questions related to the information that was included in the H-1B petition.

Additionally, the officer may want to review the public access file, which every H-1B employer should have on the premises, and they may even want to look at payroll records.

Courtney White: What is the real purpose of these site visits?

Kelly D. Cobb: Well, it’s compliance. USCIS wants to ensure that employers who have sponsored foreign nationals for H-1B visas are not abusing the H-1B system and process.

They’re looking to, again, are they paid the prevailing wage? Are the job duties the same as what the company said they were going to do? Is the individual receiving the benefits the company said they were going to provide? The work site space, is that suitable for the job the person has been sponsored for? And most of all, is this a real business? Is this a real job?

Courtney White: Who is included in these site visits and what should employers expect from the visit?

Kelly D. Cobb: So, you know, in the past we saw, site visits for H visas, L visas, H-2B, H-2As. Right now, it’s H-1B workers and the employers that have sponsored them. So, they will either show up unannounced or they are going to alert the employer in advance and ask for documents and information about the wages, the tax ID number, but it’s going to be pretty similar to what you’ve seen in the past. But the government has said that they want to expand the scope of H-1B employers that they’re going to visit.

I think they’re going to put probably more focus on the H-1B dependent employers. Those are the folks that have a large number of H-1B employees compared to the number of other employees working for them.

They’re also going to look at H-1B employers who, when they file the petition, the individual they’re sponsoring works at multiple job sites. Do they work at client sites? Do they work at various locations that are considered the company’s work locations? So, they are going to review this to make sure everything is in line with what the law requires for those that work in other locations other than, you know, the main headquarters.

Also, they’re going to be looking at companies that through further review, they aren’t able to really substantiate their existence. They can’t be fully vetted and validated. So, they’ll take a closer look at those entities.

Courtney White: So how should employers strategically prepare for these visits?

Kelly D. Cobb: Well, I think preparation is the most important thing to take away today. All employers who have sponsored an H-1B individual they need to make sure that they have an internal policy protocol put into place so that when an officer shows up on site, from reception all the way to, whether it’s HR, global mobility, or legal, they know exactly what the steps are.

So, reception knows I need to call this person in legal, if that’s who handles the H-1B petitions. And then from there, the HR person must be able to know where the public access file is located. It could be electronic held all in one location, you know at the headquarters.

Also, the foreign national, he or she should be told in advance, this could happen, and we’ve got a plan in place. The supervisor for the H-1B status holder needs to be aware as well, so that there is a plan in place, and we always recommend to the HR or legal to make sure to reach out to your immigration attorney. This is so important to make sure that the officer remains within the scope of the law and the questioning and the request for documents.

Courtney White: So, you’ve touched on it a little bit, but how specifically can Jackson Walker help employers dealing with this uptick in USCIS site visits?

Kelly D. Cobb: Well, what we’re currently doing is working with clients to prepare by you know, it’s almost like when you’re going into hurricane season, you want to make sure that your disaster plan is all in place. We want to make sure that the protocols are in place for the visit, and everyone knows who needs to be notified.

Next, do an internal audit of your public access files. Audit your H-1B employees. Find out are they still working at XYZ location? Are they still in this position? The H-1B holder may have gone on a temporary assignment abroad. They may have left the company and potentially this person in charge of this non-immigrant population, they weren’t notified. So, it’s a good time to get everything in order. So, if there is a site visit, you know exactly where everything is. You know exactly where everybody’s working.

Anyone that’s left, that’s okay, you’ve notified the immigration service they no longer work here, and you really don’t have anything to worry about.

Courtney White: Thank you, Kelly. I think you gave a really great overview of how employers can prepare and thank you for coming on the JW Fast Takes podcast.

Kelly D. Cobb: Thanks Courtney.

Courtney White: And for more information and additional JW Fast Takes podcasts and webinars, please visit JW.com/fast.

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The music is by Eve Searls.


The opinions expressed do not necessarily reflect the views of the firm, its clients, or any of its or their respective affiliates. This article is for informational purposes only and does not constitute legal advice.


Kelly CobbMeet Kelly

Kelly Cobb is a partner in the Business Immigration & Compliance section of Jackson Walker’s Houston office. Kelly primarily focuses on U.S. corporate immigration law, including applications/petitions for all visa categories and paths to U.S. permanent residence and naturalization. She offers experienced counsel related to navigating the intricacies of ever-changing laws, regulations, and government processes in Immigration law. She has more than 20 years of experience counseling clients in the development and implementation of strategic immigration policies and advising U.S. and international clients on immigration issues related to corporate restructuring, including mergers and acquisitions, joint ventures, and start-ups.


In This Story

Kelly D. Cobb
Partner, Houston

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