Securing approval for an H-1B or L-1 petition is a critical step in bringing international talent to the U.S., but compliance doesn’t stop there. U.S. Citizenship and Immigration Services (USCIS), through its Fraud Detection and National Security (FDNS) Directorate, regularly conducts site inspections to ensure employers and foreign workers are meeting the terms of approved visa petitions.
These workplace visits—often unannounced—are meant to verify facts, prevent misuse of the immigration system, and ensure lawful employment. Employers should take these visits seriously and be well-prepared in advance.
What Are These Worksite Inspections?
The FDNS unit launched its workplace visit initiative as part of a larger compliance framework. Officers may appear at company locations—without advance notice—to assess whether the details in a visa petition align with what’s happening on the ground. This includes confirmation of the foreign national’s job role, pay, and physical location.
While H-1B and L-1 cases are commonly targeted, FDNS also reviews religious worker petitions and other categories flagged for oversight.
Why Would USCIS Visit a Worksite?
There doesn’t need to be a specific complaint or red flag. In many cases, site visits are selected randomly or based on internal compliance priorities. Employers with larger foreign workforces or who place workers at third-party client sites may experience visits more frequently.
How the Process Typically Unfolds
If an FDNS officer visits your workplace, they may:
- Ask to speak with your HR team, a manager, or the foreign national employee.
- Request to view immigration filings, payroll records, or organizational documents.
- Take a short walkthrough of the work area or photograph the premises.
- Interview the foreign employee about their job title, duties, work location, and salary.
These checks are meant to ensure the company exists and operates as described, and that the employee is performing the role they were sponsored to do.
Do Employers Have to Allow the Visit?
While participation in an FDNS site inspection is voluntary, refusal to cooperate could raise further concerns. Employers are encouraged to cooperate courteously and take notes during the interaction. If possible, a designated company representative should always be present while the officer is on-site.
Can Immigration Counsel Attend?
USCIS officers will not reschedule a visit to wait for legal counsel. However, attorneys are allowed to be present on-site or to join remotely by phone, if they can be reached during the inspection. It’s a good practice to inform counsel as soon as an officer arrives.
Practical Steps to Stay Inspection-Ready
Preparation is key. Employers should:
- Assign a point person at each location to handle immigration-related visits.
- Ensure front desk staff and security teams know how to respond and who to contact.
- Keep immigration documents and petition copies organized and accessible.
- Brief employees and supervisors in advance about the possibility of a site visit and how to respond factually and calmly.
For remote workers or those based at client sites, ensure their locations are properly disclosed in the immigration petition and that any changes are formally amended.
What Foreign Nationals Should Expect
Foreign national employees should be familiar with their petition details, including:
- Their job description and work responsibilities.
- The location(s) listed in their petition.
- Their current salary and schedule.
- Their employer of record and any client site involved, if applicable.
If working from home, the employee may ask to meet the officer at a nearby neutral location rather than allow entry into their residence.
Topics Officers Might Ask About
Questions may cover:
- The company’s size, industry, and structure.
- The employee’s exact title, salary, supervisor, and location.
- How long the employee has worked at the company.
- Whether the company filed the petition or used an outside representative.
- If the job changed since the petition was filed.
- Any third-party vendors or clients involved.
These questions are designed to confirm petition details match the actual work situation.
Watch Out for Compliance Gaps
Officers may take note of discrepancies such as:
- Salary records that don’t match the wage listed in the petition.
- Work locations not disclosed or misrepresented.
- Empty or unstaffed “virtual offices.”
- Employees without access to company emails or phones.
- Misreporting of self-employment or unusual income reporting on tax filings.
These issues may signal fraud or raise doubts about the legitimacy of employment claims.
After the Visit: What Happens Next?
Following the inspection, the officer will complete a compliance report. If inconsistencies or violations are noted, the case may be referred to Immigration and Customs Enforcement (ICE) or another enforcement agency. The report may also affect future filings or trigger further review.
Employers should document the visit internally, including:
- Officer’s name and contact details.
- Employees interviewed and questions asked.
- Any documents or copies provided.
- Photos taken, if any.
Closing Thought: Prevention Is the Best Strategy
FDNS site visits are not rare—and they are not optional for long. Employers should treat immigration compliance as an ongoing responsibility, not a one-time filing. Advance planning, internal coordination, and transparency with counsel are key to avoiding unnecessary complications.
Need guidance on preparing for a USCIS visit or strengthening your immigration compliance?
The team at NPZ Law Group assists employers with FDNS readiness, I-9 best practices, and workforce policy reviews. Contact us to schedule a confidential consultation.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.