H-1B AND L-1 FDNS SITE VISITS
In 2009, U.S. Citizenship and Immigration Services (USCIS) began its Administrative Site Visit and Verification Program (ASVVP). Under the program, site visits are conducted by the Fraud Detection and National Security Directorate (FDNS) of USCIS. FDNS conducts site visits for religious workers, H-1B, and L-1 petitions.
An employer that signs Form I-129 agrees that “any supporting evidence submitted may be verified by USCIS through any means determined appropriate by USCIS, including but not limited to, on-site compliance reviews.” FDNS site visits are voluntary, but it is strongly recommended that employers cooperate should one occur. Employers should also be advised to contact their immigration attorney immediately if an FDNS investigation takes place. Though most site visits are unannounced and FDNS will not reschedule a visit to accommodate counsel, counsel is permitted to be present if logistically possible and may participate via telephone.
What Happens at an FDNS Site Visit?
When an FDNS inspector appears at the employer’s premises, they will likely ask to speak with the Human Resources (HR) manager or the company official who signed the H-1B petition. Site inspectors verify the information submitted with the petition; ascertain the existence of a petitioning entity; take digital photographs; review documents; and speak with organizational representatives to confirm the beneficiary’s work location, employment workspace, hours, salary, and duties.
Site inspectors report the results of their site inspections to FDNS, which will review the information to determine whether the petitioner and the beneficiary have met or continue to meet eligibility requirements.
What Happens After a Site Visit?
An FDNS Officer will review the information gathered by the site inspector and determine whether an administrative inquiry is needed. If so, FDNS will, following that inquiry, provide an Immigration Services Officer (ISO) with a Summary of Findings (SOF). The ISO will use the SOF to determine whether or not the petitioning organization qualifies for the benefit sought. If FDNS cannot verify the information in the petition or finds it inconsistent with the facts recorded during the site visit, the ISO may request additional evidence from the petitioner or initiate denial or revocation proceedings. When indicators of fraud are identified, the FDNS Officer may conduct additional administrative inquiries or refer the case to ICE for criminal investigation.
What Are the Primary Recurring Compliance Issues?
- The petitioner (business) does not physically exist.
- The petitioner misrepresented the beneficiary’s employment details.
- The beneficiary is not, or will not be, employed in the certified location or area.
- The beneficiary is not, or will not be, performing the duties specified on the petition.
- P petition.
- The petitioner is not paying the beneficiary the certified wage.
- The beneficiary is not, or will not be, employed by the petitioner.
How to Prepare and Deal With an FDNS Site Visit
- Develop an internal policy for handling an unannounced FDNS inspection.
- Discuss the likelihood of unannounced FDNS inspection during new employee orientation and guide new foreign national employee(s) in valid non-immigrant status on what to expect and how to respond to the site inspector’s questions.
- Make sure the employer’s HR representative has complete, up-to-date data of all employees in H-1B and L-1 non-immigrant status.
- Ensure that the foreign national beneficiary is aware of the details contained in the approved petition.
- The employer’s HR representative should record the site inspector’s name, title, and contact information to ensure that any post-visit communications are directed toward the appropriate agent.
- The employer’s HR representative should contact inside or outside immigration counsel immediately if a site visit occurs.
- If the employer’s HR representative or beneficiary is unsure of an answer to a question, they should request additional time and offer to follow-up with the officer, rather than providing false or incorrect information.
