In the wake of increased immigration enforcement actions and heightened scrutiny of nonimmigrant visa petitions, employers should prepare for the possibility of workplace visits by immigration officials.
The Fraud Detection and National Security Directorate (FDNS) is a department within U.S. Citizenship and Immigration Services (USCIS) that works to prevent and detect fraud in visa programs. FDNS conducts both announced and unannounced site visits in person, and makes inquiries by phone or by email to verify information submitted in many types of visa petitions, including H-1B, L-1, and other temporary worker programs. There has been an increase in FDNS site visits under the current administration and in connection to a new data-sharing initiative between the Department of Labor and USCIS. Employers should prepare for and respond to FDNS officers in the event of a site visit.
During a site visit, the FDNS officer may:
- Ask to speak with the foreign national employee, their direct supervisor, or other departmental representatives.
- Ask questions about the employee’s work locations to confirm it matches the Labor Condition Application (LCA) that was filed with the Department of Labor.
- Ask questions about the about the employee and their position, such as their job title, salary, job duties, and other information provided in the petition. There has been a recent trend of officers asking for the minimum requirements of the positions held by H-1B and other foreign national employees.
- Ask for documents like pay stubs, organizational charts, or tax filings.
- Ask to tour and take photos of the worksite.
Preparing for a site visit:
- Designate a point of contact. Instruct front desk or security personnel to contact the designated representative in the event of a site visit as quickly as possible. This is best practice for any government officer visit. For more information on preparing for any immigration-related site visit please read our LegalCurrents on the topic.
- Notify employees and direct supervisors that a site visit may occur and that an officer may ask to speak with them.
What the designated representative should do during a site visit:
- Do not panic. These visits are random and do not indicate that something is wrong.
- Reach out to legal counsel to assist with any questions and confirm the nature of the visit and the requests as quickly as possible.
- Request and record the officer’s name and contact information. If the officer has paperwork related to the inquiry, ask to make a copy of that as well.
- Accompany the officer during any tours and be present when the officer speaks with any employees.
- It is fine to confirm basic details like the foreign national employee’s name and job title, but do not answer a question if you are uncertain about the answer. Instead, direct the officer to the appropriate internal immigration contact.
- Give the officer your contact information for any follow-up requests.
- Answer only the questions that are asked; do not volunteer additional information.
- Take notes about who the officer spoke with and what information the officer requested.
Additional Information:
Harter Secrest & Emery’s Immigration practice group will continue to monitor the situation closely and provide updates as they become available.
Visit HSE’s Trump Administration Immigration Updates resource page for additional insights and resources.