In recent years, U.S. Citizenship and Immigration Services (USCIS) has increased its focus on site visits, so we thought it is time for a quick tutorial on the topic.
Some background: USCIS began its Administrative Site Visit and Verification Program in 2009. Visits are conducted by the Fraud Detection and National Security directorate (FDNS) of USCIS. Any employer that signs Form I-129 (for most temporary work statuses) agrees that “any supporting evidence submitted may be verified by USCIS through any means determined appropriate by USCIS, including but not limited to, on-site compliance reviews.”
How does this normally play out?: In most situations, there is no advance notice of a site visit. While responding during these visits is voluntary, it is strongly recommended that employers cooperate should one occur. When an FDNS inspector attends an employer’s premises, they will usually ask to speak with the human resources (HR) manager or the company official who signed the Form I-129 petition. During the visit, the inspector will generally seek to verify the existence of the employer, the validity of the information the employer provided in the petition, and whether the foreign national is working in compliance with the terms of the petition. They may ask to take photographs of the facility to verify its existence, and may also seek to interview the beneficiary, their supervisors, or other personnel to confirm the details of the beneficiary’s physical work area, hours, salary, and duties. The inspectors may also ask for pay stubs or W-2s and may ask questions regarding the rate of pay, title, and job duties in order to compare that information with the information reflected in the petition and employer support letter. For this reason, we provide the employer with a courtesy copy of the petition we have prepared so HR can refresh his/her memory when responding to a site visit. Site visits typically take less than one hour and often take significantly less time.
What can I do if the inspector puts me on the spot?: If an FDNS inspector asks questions which you do not know the answer to, or are beyond the scope of the petition, or would require internal research, it is okay to ask for additional time to respond. If at any point, either the employer or employee indicates an unwillingness to continue, FDNS should end the inspection. However, the inspector is required to submit a Compliance Review Report. If follow-up is required, it is important that you respond as quickly as possible and, if the inspection is terminated, the inspector’s Compliance Review Report will note this and FDNS may follow-up at a later time.
Can I contact Immigration Counsel?: Yes, you can, and should! An experienced immigration attorney can defend the company’s immigration interests, make sure the officer does not ask inappropriate questions, and facilitate responses to address legitimate concerns. While most site visits are unannounced and FDNS will not reschedule a visit to accommodate counsel, counsel is permitted to be present and can typically participate via telephone.