What Employers Need to Know About FDNS Site Visits for H-1B Compliance
As part of the government’s increased scrutiny of employment-based visa programs, U.S. Citizenship and Immigration Services (“USCIS”) conducts unannounced site visits through its Fraud Detection and National Security (“FDNS”) Directorate. These inspections primarily target H-1B and L-1 visa holders and their employers, aiming to verify the legitimacy of petition filings and ensure compliance with immigration law.
At The RAD Law Firm, we’ve outlined below what employers need to know about FDNS site visits, and how to prepare proactively.
Why Do FDNS Site Visits Happen?
FDNS site visits are designed to:
- Confirm that foreign nationals are working under the terms and conditions outlined in their visa petitions;
- Validate the authenticity of the job offer, the petitioner’s business operations, and the work location;
- Detect and deter fraud in employment-based immigration programs.
These inspections are often random, but they may also be prompted by certain red flags in a petition or employer history.
What to Expect During a Site Visit
FDNS officers typically arrive unannounced at the workplace and may:
- Interview the foreign national employee and verify their job title, duties, salary, and supervisor;
- Speak with HR representatives or company leadership;
- Review documentation including payroll records, organizational charts, and copies of the visa petition;
- Verify that the employee is physically working at the location listed on the petition.
Although these officers are not law enforcement, their findings can lead to petition denials, Notices of Intent to Revoke, or referrals to Immigration and Customs Enforcement (“ICE”) in cases of suspected fraud.
Best Practices to Prepare for an FDNS Visit
Proactive preparation is essential. Employers should:
- Maintain accurate and updated records: Ensure all petitions, Labor Condition Applications (“LCAs”), and Public Access Files are up to date and reflect the employee’s current role and location.
- Train your front desk staff: Receptionists or security personnel should know how to respond if an FDNS officer appears at the office.
- Designate a point of contact: Identify a representative who will handle all immigration-related visits and can communicate with the officer knowledgeably and professionally.
- Inform affected employees: H-1B and L-1 employees should understand the purpose of site visits and be able to confidently answer basic questions about their role.
- Keep your counsel in the loop: While FDNS officers are not required to wait for legal counsel to arrive, employers may request to have their attorney present or available by phone during the visit.
After the Visit
FDNS officers will complete a Compliance Review Report summarizing their findings. Inconsistencies or irregularities, intentional or not, can result in significant consequences. In more serious cases, matters may be escalated to enforcement agencies.
Employers who demonstrate transparency, organization, and consistency across documentation and practice are best positioned to pass an FDNS site visit without issue.
Need Help Preparing?
The RAD Law Firm regularly advises companies of all sizes on compliance with immigration requirements, including preparing for FDNS site visits. If you employ foreign nationals or sponsor workers under H-1B or L-1 visas, we can help you build a customized compliance plan that protects your business and your workforce.
Contact us today to learn how we can assist.
