Recent discussions within the immigration community have raised awareness about potential Fraud Detection and National Security (FDNS) site visit activity. While these reports remain unconfirmed, employers sponsoring H-1B and L-1 visa holders should maintain year-round preparedness for compliance verification visits.
Understanding the USCIS Administrative Site Visit and Verification Program
The U.S. Citizenship and Immigration Services (USCIS) launched its Administrative Site Visit and Verification Program (ASVVP) in 2009 to verify the legitimacy of employment relationships and petition information. Under this program, FDNS conducts unannounced site visits for H-1B petitions, L-1 petitions, and religious worker petitions.
When employers sign Form I-129, they agree that USCIS may verify supporting evidence through any appropriate means, including on-site compliance reviews. While participation in FDNS site visits is technically voluntary, cooperation is strongly recommended to avoid adverse implications for pending or future petitions.
What Happens During an FDNS Site Visit
FDNS inspectors typically arrive unannounced at employer premises and request to speak with human resources personnel or the company official who signed the petition. The primary objectives of these visits include:
• Verifying the employer’s physical existence and legitimacy
• Confirming the accuracy of information provided in the H-1B or L-1 petition
• Ensuring the foreign national employee is working in compliance with visa terms
Inspectors may photograph facilities, interview the visa holder and supervisory personnel, and request documentation such as pay stubs, W-2 forms, and organizational charts. Most site visits conclude within one hour, though some may be shorter depending on circumstances.
Common Compliance Red Flags
FDNS investigators look for specific indicators that may suggest petition fraud or material misrepresentation:
• Discrepancies between pay statements and the salary stated in the petition
• Tax filing inconsistencies, such as reporting self-employment income when sponsored as a W-2 employee
• Work locations that do not match petition addresses or appear to be virtual offices without physical operations
• Absence of work email addresses or phone numbers for visa holders
• Material changes to job duties or work location without amended petitions
Employer Preparation Strategies
Given the possibility of unannounced FDNS visits, employers should implement the following compliance measures:
1. Establish Internal Protocols
Develop clear policies and procedures for responding to FDNS inspectors. Human resources departments, reception staff, and company signatories should understand the potential for unannounced visits and know the appropriate response protocol.
2. Maintain Accurate Petition Records
Ensure that petition signatories and their assistants can quickly access copies of all filed H-1B and L-1 petitions. When possible, relevant personnel should review these documents before meeting with inspectors to refresh their understanding of petition specifics.
3. Verify Ongoing Compliance
Employers should regularly confirm that all information in filed petitions remains accurate, including job duties, salary, work location, and reporting structure. Material changes require amended petitions.
4. Document Inspector Information
Record the name, title, and contact information of any FDNS inspector to ensure proper follow-up communication channels.
5. Contact Immigration Counsel Immediately
While FDNS typically will not reschedule visits to accommodate attorney presence, counsel may be able to participate by telephone if contacted promptly. Legal representation helps ensure appropriate responses to inspector questions.
6. Prepare Explanations for Discrepancies
If legitimate reasons exist for any discrepancies between petition information and current circumstances, prepare clear explanations. For example, L-1 visa holders may receive partial salary payments through foreign entities, which is permissible if properly structured.
7. Request Additional Time When Needed
If inspectors ask questions requiring internal research or clarification, petitioners and visa holders should request additional time rather than providing uncertain answers. Follow-up responses should be provided promptly to facilitate timely completion of the Compliance Review Report.
Rights During FDNS Inspections
Employers and visa holders may discontinue cooperation with FDNS inspections at any point. However, inspectors will complete their Compliance Review Reports based on information gathered before termination and will note that the interview was ended upon request. USCIS may conduct follow-up inquiries at a later date.
Post-Visit Procedures
If immigration counsel cannot attend the site visit in person or by telephone, employers should document a detailed description of what occurred immediately after the inspector’s departure. This contemporaneous account helps attorneys assess potential compliance concerns and prepare appropriate responses to any subsequent USCIS inquiries.
Maintaining Proactive Compliance
Rather than reacting to rumors about enforcement activity, employers should maintain consistent compliance practices year-round. This includes:
• Regular audits of H-1B and L-1 employee files
• Training for human resources personnel on visa compliance requirements
• Systems for tracking and reporting material changes to employment terms
• Documentation of actual job duties performed by visa holders
• Verification that work locations match Labor Condition Application requirements for H-1B employees
When to Seek Legal Guidance
Employers should consult experienced immigration counsel if they receive notice of an FDNS site visit, identify potential compliance issues, or need guidance on responding to post-visit inquiries from USCIS. Early intervention often prevents minor discrepancies from escalating into serious petition issues.
At Ahluwalia Law Offices, we assist employers in developing comprehensive compliance strategies and responding to FDNS inquiries. Our experience with USCIS verification processes helps clients maintain strong employment-based immigration programs while meeting all regulatory obligations.
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Note: This article provides general information about USCIS FDNS site visits and should not be construed as legal advice for specific situations. Employers facing compliance questions should consult with qualified immigration attorneys familiar with their unique circumstances.
For more information about H-1B and L-1 compliance requirements, visit the official USCIS website at www.uscis.gov or contact our office for personalized guidance.
DISCLAIMER: This blog is intended solely for general informational and educational purposes. It does not constitute legal advice, nor does it create an attorney-client relationship between the reader & Ahluwalia Law Offices, P.C. The legal information provided herein may not apply to your individual circumstances & is subject to change based on evolving immigration laws and policies.Readers are strongly encouraged to consult directly with a qualified immigration attorney for guidance tailored to their specific situation. Our front desk staff is not authorized to interpret legal information or provide legal advice beyond what is explicitly stated in this blog. They are also not permitted to assess eligibility, review case details, or respond to case-specific inquiries.
Please note: Due to the high volume of inquiries and the sensitive nature of immigration matters, we cannot respond to questions or requests for legal analysis via phone or email unless a formal consultation has been scheduled. We appreciate your understanding and encourage you to book an appointment with one of our attorneys if you require personalized legal assistance.
