USCIS’s Fraud Detection and National Security (FDNS) unit conducts unannounced and random inspections of the worksites of employers who sponsor foreign employees.
During a worksite inspection, an FDNS officer will verify the information submitted with the H-1B or L-1 petition, confirm the petitioning organization’s existence, review the employer’s public records, take photos, interview personnel to confirm the employee’s work location, workspace, hours, salary and duties, and speak with the employee. The employer can ask to have an attorney present during the worksite visit. FDNS officers will not typically reschedule a site visit, but may agree to allow an attorney to be present by phone.
Your organization should make sure it is prepared for an FDNS worksite visit to avoid potential revocation of H-1B or L-1 petitions. Consider establishing a plan for unannounced worksite visits, keeping copies of petitions in easily accessible locations, designating a contact to speak with the FDNS officer, and preparing to discuss information submitted with the H-1B or L-1 petition. Employees should be prepared to discuss their role with the organization.
Please contact CPG Immigration Law Group to ensure your organization is ready for a worksite inspection.