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In most instances, the investigator will ask to meet with the company representative who signed the visa petition. He or she will ask for basic information about the employer, such as year of incorporation, locations of its offices, number of employees, and hours of operation. He or she will ask about the employee’s title and job duties, and about what salary the employee earns. In addition, he or she may ask for proof of wages paid to the employee to confirm that the employee is being paid the rate of pay promised in the petition. The representative will also ask whether the employer or the employee paid for the H-1B visa processing fees. (As you know from our prior Alerts, the employer must pay for the filing fees—only the premium processing fee may be paid by the employee.) In some instances, the DHS representative or agent will also ask to meet with the employee in question, and may ask the employee some of the same questions to see if the answers are consistent.
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Who Comes Calling on Behalf of DHS?
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