Angelo Paparelli Published in the New York Law Journal
"Looking for Fraud in All the Wrong Places--H-1Bs Working From Home"

Seyfarth Shaw Labor Immigration partner Angelo Paparelli co-wrote an article published in the New York Law Journal on August 24. The article discussed  unannounced worksite inspections for H-1B visa workers and their employers. Angelo pointed out that while these inspections make a lot of sense when there is voluntary compliance and consistent and transparent enforcement, he listed the following conditions that have been cited as reasons to revoke the visas during surprise visits: "the beneficiary is no longer employed by the petitioner in the capacity specified in the petition; the position is not a specialty occupation; the petitioner is not in compliance with the terms and conditions of employment; the statement of facts contained in the petition was not true and correct; the petitioner violated terms and conditions of the approved petition; and the petitioner violated H-1B requirements." 

He mentions that there are problems with these programs, stating, "Heavy-handed, misinformed and wasteful approaches to enforcement are unfortunately consistent with how U.S. Citizenship and Immigration Services (USCIS) conducted its initial study to justify more expansive worksite inspections."

Angelo advises litigators to be aware of the several "potential grounds" on which they can challenge these visit policies and practices, and he notes that Congress has been placing the burden of proof on the USCIS to reduce the amount of fraud.