Understanding H-1B Site Visit

Here we outline the FDNS (Fraud Detection and National Security) site visit procedures related to H-1B employer audits conducted by USCIS.

1. Purpose of FDNS Site Visits:
   • Verify the accuracy of information in H-1B petitions.
   • Detect fraud or misrepresentation in H-1B applications.
   • Ensure compliance with immigration laws.
2. Nature of the Visits:
   • Usually unannounced at the employer’s business or the employee’s work location.
   • Officers may request interviews, document verification, and facility tours.
   • No subpoena is needed, as filing an H-1B petition allows USCIS to conduct compliance checks.
3. What FDNS Officers May Request:
   • Company-related documents: Tax returns, wage reports, business operations proof.
   • H-1B employee details: Job title, job duties, salary, work location, and educational background.
   • Employee pay records: Latest pay stubs and W-2 forms.
   • Interviews with employer representatives, the H-1B beneficiary, and co-workers.
4. Employer and Employee Responsibilities:
   • Maintain copies of the filed H-1B petition and supporting documents.
   • Ensure consistency between what was filed and actual job conditions.
   • Be cautious in interviews, as inconsistencies can lead to petition revocation.
5. Legal Considerations:
   • Employers can request the officer’s credentials before providing information.
   • Having legal counsel present (even by phone) is advisable.
   • Misrepresentation or non-compliance may lead to revocation, penalties, or further investigation by ICE.

If your company or worksite is subject to an FDNS (Fraud Detection and National Security) site visit, preparation is key. Below are best practices to ensure compliance and avoid issues.

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1. Preparing for an FDNS Site Visit

For Employers:

✅ Maintain Accurate Records:

• Keep complete copies of all H-1B petitions, including I-129 forms, LCAs, offer letters, and payroll records.
• Ensure pay stubs, tax filings, and organizational documents are updated.

✅ Train HR & Reception Staff:

• Inform receptionists and security that government officials should be directed to a designated company representative (HR, immigration counsel, or company executive).
• Reception staff should verify official credentials before granting access.

✅ Assign a Point of Contact:

• Designate a company representative (HR manager, legal counsel, or compliance officer) to handle site visits.
• Ensure they are familiar with H-1B requirements and employee work conditions.

✅ Prepare for Interviews:

• Conduct mock interviews for HR staff and H-1B employees .
• Avoid coaching employees but ensure they understand their role and responsibilities.

✅ Inform Client Worksites (if applicable):

• If the employee works at a third-party location, inform the client’s HR team about potential site visits.
• Ask the client to contact you immediately if an FDNS officer arrives.

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2. What to Do During an FDNS Site Visit

For Employers:

🔹 Verify Credentials:

• Ask for the officer’s name, agency, and business card before providing information.
• FDNS officers may not have a warrant, but they have the right to inspect H-1B employment conditions.

🔹 Request Attorney Presence:

• You cannot delay the visit, but you can request that your attorney be present (in person or via phone).
• Do not sign or submit documents without legal review.

🔹 Be Cooperative But Cautious:

• Answer questions truthfully but concisely—do not volunteer unnecessary information.
• If you need time to gather documents, inform the officer and provide them later.
• Keep a record of all documents or information shared with the officer.

🔹 Document the Visit:

• Take notes on what the officer asks, who they speak with, and any documents reviewed.
• If the officer takes photographs, ask what they are for and note what was photographed.

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For Employees (H-1B Beneficiaries):

🔹 Remain Calm and Honest:

• FDNS officers may ask about your job title, duties, salary, work location, supervisor, and employment conditions.
• Give answers that match your H-1B petition and avoid speculation.

🔹 Provide Only Necessary Information:

• Do not guess or assume—if unsure, say “I am not sure, but I can check and follow up.”
• If asked about changes to your job, refer them to your employer’s HR.

🔹 Know Your Rights:

• You are not required to sign anything without having reviewed the document with your Attorney.
• If unsure, request that an attorney be present before answering further.

About the Author

Vasanth Vaidyanathan, Esq.

Administrator

Vasanth Vaidyanathan is an immigration attorney with over 20 years of experience focused exclusively on U.S. immigration and nationality law. He holds a LL.M. from California Western School of Law, San Deigo and advises individuals and businesses on employment and family-based immigration matters, including H-1B, PERM, EB categories, and adjustment of status. He has also been a featured speaker at immigration seminars across the U.S. To reach Vasanth visit: https://www.vnathan.com/

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