Government Site Visits
General Protocol
If a current international student or scholar is contacted by a government officer or agent (this includes, but is not limited to, agents from the FBI, ICE, DHS, DOL, etc.), they should take the following steps:
- Ask for the agent’s name and government ID
- Inform the agent that, per Emory’s protocol, the ISSS office must be contacted immediately.
- Contact the ISSS office with the government agent's information and their purpose of visit or contact
- Wait until you have spoken to someone from the ISSS office before further engaging with the government agent.
- If the agent demands an in-person meeting, ask to meet at the Emory Police Department, rather than at a random off-campus location. A legitimate government official will have no issue with this request. ISSS can accompany you if you prefer.
Note: Unfortunately, international students and scholars can be targets of scams. Scammers often impersonate government officials and demand monetary compensation in exchange for maintaining immigration status or preventing an arrest. No legitimate agency will demand money (or payment of any kind) to maintain immigration status or prevent arrest. Review ISSS' Scams webpage for helpful tips to avoid being scammed as well as the Know Your Rights webpage.
Since 2010, the USCIS Fraud Detection and National Security (FDNS) unit has conducted both announced and unannounced inspections of worksites. The revenue generated from the $500 anti-fraud fee funds the FDNS unit. The goals of FDNS site visits are:
- To verify that the petitioning employer (Emory University) and foreign beneficiary (H-1B employee) are complying with the terms of the approved employment petition.
- To raise awareness of compliance obligations among the employer community.
Important
- These site visits are random and not uncommon.
- These visits can occur in person by phone, email, or fax.
- The site visit officer may visit with the employee, their supervisor, or ISSS.
- There is no need to indicate that the employee/supervisor has done something wrong.
- The employee/supervisor does not need to worry as long as the terms and conditions of the previously approved H-1B have not changed – including, but not limited to, the position title, full-time employee status, work location(s), duties, salary (other than annual merit adjustments which is normally less than 5%), position requirements, travel requirements, etc.
Procedures
If an employee/supervisor is notified or visited by an FDNS officer, they must take the following steps:
- Ask the officer for their government ID and make a copy of it.
- Ask the officer to wait in a conference room or a meeting room.
- Inform the officer that, per Emory’s protocol, the ISSS office (404-727-3300) must be contacted immediately by the employee or supervisor.
- Contact the department's ISSS advisor.
- If the department's assigned ISSS advisor is out of the office, another ISSS advisor will come to the worksite for the site visit.
- Wait for the ISSS advisor to arrive before beginning the interview with the officer. The ISSS advisor should be present during the visit.
- The officer will request that the employee/supervisor provide some information/documentation following the visit.
- Please contact the department's ISSS advisor about the requested information/documentation.
Since 2016, the Department of Homeland Security (DHS) has started to perform site visits at employer locations that train STEM OPT students. During the site visit, DHS’ intent is to confirm that the information reported on the student’s I-983 training plan is accurate. Therefore, STEM OPT students and departments that have employees on STEM OPT should keep records of the I-983 training plan and make sure the information is up-to-date. Review the Study in the States' website for more information on this type of DHS site visit.
Emory-Recommended STEM OPT
Only complete the steps below if the STEM OPT I-20 was recommended by Emory ISSS.
Employed by Emory University
If the STEM OPT employee or their supervisor has been notified or visited by a government officer, take the following steps:
- Ask for the officer's government ID
- Ask the officer to wait in a conference room or a meeting room.
- Inform the officer that, per Emory’s protocol, the ISSS office must be contacted immediately by the employee or supervisor.
- Contact the ISSS office or the STEM OPT employee's assigned ISSS advisor.
- Wait until you have spoken to someone from the ISSS office before further engaging with the government officer.
Not Employed by Emory University
Please contact the immigration team at the place of employment for further guidance on handling DHS site visits.