For employers that hire globally, being prepared has turned out to be a necessity in today’s regulatory environment.
USCIS’s Fraud Detection and National Security Directorate (FDNS) regularly conducts site visits to verify details on certain foreign H-1B workers.
What is the new rule for the USCIS visit?
A DHS final rule (published in December 2024 and effective January 17, 2025) codified USCIS’ authority to conduct H-1B inspections, verifications and other compliance reviews through site visits. In the event USCIS cannot verify facts relevant to eligibility or compliance, including a petitioner, employer or third-party worksite’s failure or refusal to cooperate with the site visits, the H-1B petition may be denied or its approval revoked.
These are the changes that have occurred as per the new rule:
- Increase worksite compliance: Employers must mandatorily provide detailed documentation of job locations, including remote and hybrid work arrangements. FDNS now has an extensive authority to assess compliance at multiple worksites.
- Increased enforcement against fraud and misrepresentation: FDNS employs data analytics to detect inconsistencies and diverted and deployed its resources to combat fraud, thereby levying increased penalties for misleading information.
- Extensive scrutiny on specialty occupations: Site visits now also include verifying job duties and employee qualifications. This is specifically important for employees placed at third-party client sites. FDNS might also get in touch with the end-client to confirm if the minimum requirements align. USCIS may also verify the beneficiary’s role, work location and other facts material to the H-1B eligibility and overall compliance.
- Heightened transparency in wage determination: Thorough wage verification procedures require employers to provide clear, detailed substantiation of prevailing wage determinations.
What are H-1B site visits and why do they happen?
USCIS inspections are carried out under the authority of 2 key programs run by the USCIS.
After the Department of Homeland Security’s (DHS) H-1B Modernization Rule took effect in January 2025, the H-1B site visit has undergone a major transformation. The updated rule has been able to expand USCIS’s reach, thereby authorizing the agency for more extensive and profound compliance checks.
The first, the Administrative Site Visit and Verification Program (ASVVP), introduced in 2009, was designed to verify information provided in certain immigration petitions. The second was the Targeted Site Visit and Verification Program (TSVVP), launched in 2017. Both had a central goal of expanding USCIS’s monitoring capabilities.
While comparing both, TSVVP implements an enhanced data-driven strategy to identify the petitions that require a closer scrutiny. Site visits under TSVVP are conducted by officers from the Fraud Detection and National Security (FDNS) directorate. The purpose of these visits is to collect information, interview staff and assess if an employer is complying with the terms and conditions of sponsored employment.
These visits typically occur after the visa application process and after the worker’s commencement of employment in the U.S., with the core purpose of eliminating fraud. FDNS can refer suspected fraud to ICE.
Preparing for a USCIS visit
The preparations for a USCIS visit should begin well in advance of the officer's arrival. Employers should maintain organized records, and ensure transparency in the documentation practices. Maintaining a clear commitment to compliance ensures less operational friction.
FDNS can conduct these compliance reviews at the employer’s place of work, and any other location where the beneficiary has indicated they perform work, such as third-party worksites. Verification can happen in person, by phone, or electronically.
Here’s more on how you should best prepare for a USCIS visit.
Documents
Maintain vital documents in a centralized repository, which makes it easy to find the H-1B petition during the visit. In case of further discussions with the investigator, also have the counsel contact person information ready during the review.
Besides looking for vital details submitted in the petition, such as job responsibilities, salary, work location, and the physical workspace, investigators might also request for the following:
- Reviewing if the petitioning organization is a legitimate and functioning entity.
- Review official company details and its public records.
- Verifying information about the H-1B employee’s job duties, credentials, salary, work location and title.
- Photograph the worksite and review on-site documentation.
- Copies of the organization's financial documents including annual tax returns, quarterly wage report, and the petition copy
- Details about the organization’s business locations and total number of employees.
- Details about the numbers of H-1B petitions that the organization has filed and the current number of H-1B employees and staff.
- Information about the employees; start date, duties, education, and prior experience.
- Verification of the signature on the H-1B petition.
- Reviewing copies of employees’ W-2s and payslips that verify that the employee is being paid appropriately.
Confirm the officer’s identity
The first point of contact in the organization should ask for the officer’s identity and credentials to confirm the validity of the visit. The identity of the officer can be confirmed with the number on the business card. It is best to note the officer’s number and agency they work for before proceeding with the interview.
Employers should also note that different agencies may conduct investigations under different authorities, such as Immigration and Customs Enforcement and the Department of Labor.
As for FDNS officers, they may carry DHS-issued badges. ICE and DOL investigators are less common.
Respond accurately
Respond to the investigators’ questions to the best of your ability and provide them with the requested documents. Inform the appropriate point of contact in the team or another authorized employee with access to the immigration record.
If you have doubts about whether to release the information to the investigator or not, refer them to the counsel or the HR representative who has prepared the H-1B filing. The person who will be the first point of contact should be kept abreast about the internal reporting structure to ensure that there are no delays, confusions or discrepancies when responding to the investigators.
Reach out to your immigration attorney
Typically the investigators won’t delay the visit to allow you to reach out to your attorney, or for them to be physically present at the time of the visit. They may permit the attorney participation through the phone or allow you to note the questions for your attorney before responding.
A company representative should accompany the investigator if they mention taking a facility tour. However, the investigator can refuse to have the company representative accompany them to meet the H-1B employee.
Documenting the visit
H-1B employers should make a note of the visit with the details such as the officer's name, title, and contact information. This record will help you figure out what to expect from any such future visits, for example, if the employer has petitioned for more than one beneficiary.
You should further pass on the records to the Immigration Counsel who can then prepare a compliance audit. Then, keep a record of all the questions asked and the responses provided. The record should include the following:
- Names of all employees who spoke to the investigator
- Recorded questions and answers
- List of all the documents provided to the investigator.
- Locations visited during the site visit
- If pictures were taken.
If the investigators request or insist on accessing non-public parts of the employer’s business operations, company representatives should refer them to corporate counsel. However, H-1B employers should note that refusing reasonable access can be noted and reported.
Avoid guesswork
During a USCIS visit, it is best to avoid guesswork, or provide inconsistent, or incorrect information. Doing so can trigger further investigation and extensive scrutiny or even revocation of an approved petition. If you are not sure about how to answer a specific question, it’s better to say that you will follow up.
Conclusion
A USCIS site visit is a routine compliance check under the current rule. The best way to deal with this is to stay proactive, keep up with changes, and prepare for the visit meticulously.
Stay in touch with your immigration law firm, as requirements continue to change. Employers may also schedule a compliance audit, staff training, or a consultation with counsel.
