U.S. employers who sponsor foreign workers—especially H-1B employees—should be aware of the increasing number of unannounced site visits by the U.S. Citizenship and Immigration Services (USCIS), through its Fraud Detection and National Security Directorate (FDNS). These inspections, known as Administrative Site Visits (ASVs), are part of USCIS’s efforts to ensure immigration compliance and verify information submitted in visa petitions.
Here’s what companies need to know and how to prepare.
Why Are These Visits Conducted?
FDNS officers conduct ASVs to verify:
- That the employer exists and operates at the listed address;
- The job details match what was listed in the H-1B or other employment-based petition;
- The employee is being paid appropriately and working in the described role.
They may also check whether the job location is consistent with what was disclosed in the petition. The officer may visit a company’s headquarters, a branch office, or even a third-party client site where the employee is assigned.
What Happens During a Site Visit?
Visits usually last an hour or less, and most are completely unannounced. Officers may:
- Ask to speak with HR personnel or a company signatory.
- Interview the sponsored worker.
- Request to see documentation (e.g., federal tax returns, payroll records, W-2s, and copies of the original petition and Labor Condition Application).
- Ask about job title, work location, hours, and job responsibilities.
Tips to Prepare for a Site Visit
Employers can take the following steps to be ready:
- Always have someone present during interviews. Do not allow the officer to speak to employees without a representative present.
- Train front desk staff to contact designated personnel immediately if an officer arrives.
- Have complete petition files ready—this includes I-129 petitions, LCAs, and any supporting documentation submitted to USCIS.
- If the employee works at a third-party location, make sure the client is aware of the possibility of a site visit and who to contact at your company.
- Do not allow photos or tours of confidential areas. Officers can be directed to non-sensitive sections of the workplace.
- If the officer asks questions that you cannot answer immediately, it is acceptable to request time to respond after checking records or speaking with legal counsel.
Know Your Rights and Responsibilities
Employers have the right to:
- Be represented during the interview;
- Keep the interview focused on petition-related issues;
- Provide requested documents but also protect confidential information;
- Politely decline to answer if unsure and follow up later with correct information.
Why This Matters
Employers should not take these visits lightly. Inconsistencies or lack of documentation could result in a Notice of Intent to Revoke (NOIR) or other adverse action on the employee’s petition. In some cases, it could even impact future petitions from the company.
Having a clear protocol in place and engaging experienced immigration counsel is essential to ensure compliance and minimize risk.
Need Help Preparing?
At NPZ Law Group, our immigration professionals work with employers to ensure they are ready for FDNS inspections. We provide tailored guidance to help HR teams, managers, and employees understand what to expect—and how to respond effectively and lawfully.
Contact us today to schedule a compliance review or site visit preparedness 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.