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The U.S. Citizenship and Immigration Services (USCIS)’s Fraud Detection and National Security Directorate, commonly known as FDNS, supports the integrity of the immigration system by detecting and deterring benefit fraud, conducting site visits, and carrying out administrative investigations. For employers, that means the information submitted in an H-1B, L-1, R-1, or other employer-sponsored petition should remain accurate, documented, and explainable after approval. Employers that sponsor foreign national employees should treat immigration compliance as an active business function, not a filing event that ends when USCIS approves a petition.
Why FDNS Site Visits Matter
FDNS site visits are generally designed to confirm that the petitioning employer exists, the worksite is real, and the sponsored employee is working in the role described to USCIS. In the H-1B context, USCIS has stated that it may conduct unannounced and random visits before or after adjudication, and it has also described targeted H-1B site visits in circumstances where fraud or abuse may be more likely. USCIS has also extended its Administrative Site Visit and Verification Program to L-1 petitions.
A site visit does not necessarily mean the employer has done anything wrong. However, inconsistent answers, outdated records, or a lack of internal coordination can create avoidable complications. Officers may ask to verify the company’s operations, the employee’s job title and duties, salary, work location, supervision, and whether the actual employment matches the petition filed with USCIS.
What Employers Should Tighten Now
The most important compliance exercise is a simple one: Compare what was filed with what is happening today. Employers should maintain complete copies of petitions, certified Labor Condition Applications, approval notices, support letters, job descriptions, wage documentation, organizational charts, and worksite records. For H-1B employers, the Department of Labor requires certain public access file materials to be available within one working day of filing the Labor Condition Application (LCA), including the LCA, rate of pay, actual wage system summary, prevailing wage information, and notice documentation.
Employers should also confirm that sponsored employees are being paid as represented. Department of Labor (DOL) guidance states that H-1B employers must pay at least the higher of the actual wage paid to similarly employed workers or the prevailing wage for the occupation and area of intended employment.
Common risk areas include job descriptions that no longer match the employee’s actual duties, salary discrepancies, outdated addresses, remote or hybrid arrangements not reviewed against the petition, third-party placement issues, unclear reporting lines, reorganizations, reductions in force, and role changes that were never evaluated for amendment requirements. USCIS guidance states that H-1B petitioners generally must file an amended or new petition before placing an H-1B employee at a new place of employment not covered by the existing approved petition.
Employer Action Items
Employers should consider the following readiness steps:
- Identify a primary immigration contact and a backup contact for any government visit.
- Train reception, office managers, HR, and direct supervisors on escalation procedures.
- Keep complete petition and approval records accessible to authorized personnel.
- Review H-1B public access files for completeness and consistency.
- Confirm that job title, duties, salary, worksite, work schedule, and supervisor information remain accurate.
- Educate sponsored employees on the basic contents of their petitions so they can answer truthfully and confidently.
- Contact immigration counsel before implementing material changes, including worksite moves, remote work changes, mergers, layoffs, or major duty changes.
During a Site Visit
If FDNS appears, personnel should remain courteous and professional. Ask for identification and a business card, notify the designated Human Resources or legal contact, and avoid guessing. It is appropriate to provide accurate records within the scope of the inquiry and to state when information must be confirmed. Employers should document the visit, including the officer’s name, questions asked, documents reviewed, and employees interviewed, and should notify immigration counsel promptly.
Key Takeaway
The best FDNS preparation is consistency. Employers that keep immigration filings aligned with real-world employment conditions are better positioned to respond calmly, accurately, and efficiently if USCIS visits. A short compliance review now can reduce disruption later and help preserve the integrity of the company’s immigration program.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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