On his first day back in the Oval Office, President Donald Trump made immigration reform the centerpiece of his administration's agenda by issuing a series of sweeping executive orders. The actions reflect his longstanding promises to tighten border security, curtail unauthorized migration, and reshape legal immigration frameworks. While supporters see these measures as fulfilling campaign pledges, critics warn of potential legal and humanitarian repercussions.

Ending Birthright Citizenship:

One of the most contentious orders targets the 14th Amendment by seeking to eliminate automatic citizenship for children born in the U.S. to undocumented immigrants. This reinterpretation of the “subject to the jurisdiction thereof” clause would deny birthright citizenship based on the parents' immigration status. Legal scholars have noted that this action is likely to face immediate and prolonged challenges in federal courts.

Declaring a National Emergency at the Border:

Trump declared a national emergency at the southern border, citing a crisis driven by cartels, smuggling operations, and unauthorized crossings. The declaration enables the deployment of U.S. armed forces and the National Guard to assist with border security efforts. The executive order directs the Department of Defense and the Department of Homeland Security to expedite the completion of the border wall and to prioritize territorial sovereignty.

Reinstating Hardline Immigration Policies:

Several policies from Trump's first term have been reinstated. These include:

• “Remain in Mexico” Policy: Asylum seekers arriving at the southern border will once again be required to wait in Mexico while their cases are processed in U.S. immigration courts.
• Ending “Catch and Release”: The policy that allowed migrants to be released from detention while awaiting court hearings has been terminated. Migrants will now be held in detention facilities until their hearings.

Managing FDNS Site Visits at IT Consulting Companies Employing H-1B Workers

The Fraud Detection and National Security (FDNS) Directorate conducts site visits to ensure compliance with H-1B visa program requirements. IT consulting companies placing H-1B employees at third-party client sites or employing them in-house must be prepared to demonstrate adherence to visa rules and proper documentation.

Preparation for FDNS Site Visits:

1. Documentation: Maintain readily available documentation, including:

• The H-1B petition and all supporting documents.
•  Employment agreements between the employer and the employee.
• Copies of contracts, purchase orders, or letters of assignment detailing the work performed at third-party sites.
• Evidence of wage payments meeting the prevailing wage requirements.

2. Policies and Procedures:

• Ensure company policies are well-documented, outlining how compliance with Department of Labor (DOL) and USCIS regulations is maintained.

3. Training and Awareness:

• Train employees and management on how to handle site visits.
• Designate a point of contact (POC) for interacting with FDNS officers.

4. Work Location Verification:

• Keep detailed records of all client assignments, including start and end dates.
• Maintain current LCA postings at the proper worksite(s).

5. During the FDNS Site Visit:

• Professional Interaction: Greet the officers courteously and request identification.
• Stay Transparent: Provide requested documents promptly and answer questions truthfully.
• Designated Spokesperson: Ensure only the designated POC speaks on behalf of the company.

6. Common Areas of Scrutiny:

• Work Locations: Verifying the employee works at the approved worksite.
• Employer-Employee Relationship: Confirming the employer has the ability to hire, pay, supervise, and terminate the H-1B worker.
• Wages: Ensuring payment of at least the prevailing wage as per the LCA.
• Job Duties: Confirming the duties match those described in the H-1B petition.

7. Employer Questions:

• Can you provide the original H-1B petition and supporting documents?
• How do you ensure compliance with H-1B regulations?
• Who supervises the employee's work, and how is this supervision conducted?
• Can you provide payroll records showing wages paid to the employee?
• How do you verify the employee is working at the approved location?

8. Employee Questions:

• What is your job title and primary role at the company?
• Where is your current work location?
• Who assigns your tasks, and how are you supervised?
• Are you paid the wages stated in your H-1B petition?
• How often do you communicate with your employer about your work?

9. Best Practices:

• Mock Audits: Conduct internal audits to ensure all records are accurate and accessible.
• LCA Posting Compliance: Regularly verify LCA postings and compliance at all worksites.
• Timely Updates: Notify USCIS of any changes in employment terms, such as location or job duties.
• Legal Support: Seek legal guidance to prepare for visits and address complex compliance questions.