The U.S. Citizenship and Immigration Services (USCIS), through its Fraud Detection and National Security (FDNS) Directorate, conducts random and targeted Administrative Site Visits (ASVs) to verify the integrity of information submitted with employment-based immigration petitions. These visits are part of USCIS’s broader strategy to combat immigration fraud and ensure regulatory compliance.
At Ahluwalia Law Offices, we advise employers—especially those sponsoring H-1B, H-1B1, E-3, and R-1 nonimmigrant workers—to proactively prepare for these unannounced inspections. Below is a comprehensive guide to understanding and responding to an FDNS site visit.
What is an FDNS Administrative Site Visit?
The FDNS Directorate carries out unannounced inspections at employer worksites, client locations, or remote workplaces listed on Form I-129 or the Labor Condition Application (LCA). These visits aim to verify:
- The physical existence of the employer and worksite
- The job duties, location, and salary of the foreign worker
- The consistency of information between USCIS filings and on-site operations
- The legitimacy of the employer-employee relationship
Who Is Most at Risk?
While any employer may be subject to an ASV, USCIS has identified higher fraud indicators among companies that:
- Have fewer than 25 employees
- Generate less than $10 million in annual revenue
- Are under 10 years old
- Sponsor workers in roles such as sales, HR, and business analysis
- Sponsor workers with bachelor’s degrees (rather than advanced degrees)
What Happens During a Site Visit?
An FDNS officer may:
- Interview HR staff or the company official who signed Form I-129
- Request documents such as payroll records, W-2s, and business licenses
- Take photos of the worksite
- Interview the foreign worker outside the presence of management
- Visit any third-party or remote work locations listed in the LCA
The visits typically last 15–60 minutes and can occur at any stage of the petition process—even after approval.
Steps to Prepare for a Site Visit
1. Conduct an Internal Audit
Ensure all H-1B and I-9 records are accurate and accessible, including:
- Job titles, duties, and salary details in the LCA
- Public access files
- Copies of filed petitions and employment verification letters
2. Designate a Compliance Representative
Appoint and train a point person to:
- Handle officer interactions
- Contact immigration counsel
- Stay with the officer during the inspection
3. Train Front-Line Staff
Receptionists and security personnel should:
- Ask for officer identification
- Notify the designated representative
- Avoid answering questions themselves
4. Notify Client Sites
If the foreign national works at a client site, inform them of possible site visits and establish a protocol for prompt communication.
5. Keep the Foreign Worker Informed
Ensure the employee understands their petition details and can provide accurate responses during an interview.
Post-Visit Considerations
If the visit uncovers inconsistencies—such as incorrect worksite locations, misrepresented duties, or wage discrepancies—this may lead to:
- Referral to the Department of Labor (DOL) for wage and hour audits
- Referral to Immigration and Customs Enforcement (ICE)
- Issuance of a Notice of Intent to Revoke the petition
To prevent such outcomes, maintain meticulous documentation and communicate any employment changes through proper amendments.
Frequently Asked Questions (FAQ)
Q1: Can I request an attorney be present during a site visit?
Yes. While officers are not required to wait, it is advisable to request legal counsel and take detailed notes during the visit.
Q2: What should I do if my H-1B employee works remotely?
Ensure the remote location is listed in the LCA and that the employee is prepared to verify their employment details during a visit.
Q3: Is it mandatory to keep copies of the I-9 supporting documents?
No, but if you choose to keep copies, you must do so consistently for all employees.
Q4: What are the consequences of noncompliance?
Noncompliance can lead to civil penalties, petition revocation, or even criminal investigation if fraud is suspected.
Q5: How can I reduce my audit risk?
Maintain up-to-date documentation, report all employment changes promptly, and train your staff for compliance readiness.
Conclusion
Administrative site visits are a growing component of immigration compliance enforcement. By proactively implementing internal protocols and preparing your team, employers can significantly reduce the risk of adverse action. For legal guidance and audit readiness, contact Ahluwalia Law Offices today.
