With a notable 58% revocation rate observed in H-1B non-compliant reviews over the last 4 years, navigating FDNS site visits has undoubtedly been a source of stress for applicant
Over this period, an average of Ten Thousand FDNS Site Visits took place annually, adding to the apprehension faced by those in the application process. We recognize the legitimate concerns surrounding FDNS site visits and these challenges.
As the current administration warns that this Fiscal Year anticipates even more FDNS site visits compared to the previous year. The FDNS Directorate’s mission is crystal clear: safeguarding national security by ensuring U.S. companies employing foreign workers adhere to immigration laws. The stakes have never been higher, and comprehensive preparation is your shield against risks to both national security and integrity.
Purpose of Worksite Visits
Worksite visits, conducted by immigration officers from the Fraud Detection and National Security Directorate (FDNS), are an integral component of the government’s strategy to verify employers’ adherence to immigration laws. These unannounced visits, often occurring post-USCIS adjudication, aim to confirm that the employment conditions of foreign workers align with the details outlined in the visa petition. Participation in the compliance review process is voluntary, yet strongly encouraged, and refusal may result in the FDNS completing the review based on available information.
Visa Categories Subject to FDNS Worksite Visits
The FDNS focuses its attention on several visa categories, including:
- H-1B Non-immigrant Work Visa
- L-1B & L-1A Non-immigrant Visa
- EB-5 Investor Visa
- Special Immigrant Religious Workers
Key Steps to Prepare for an FDNS Worksite Visit
To navigate an FDNS worksite visit successfully, employers are advised to take the following precautions:
- Educate Personnel: Ensure that reception, security personnel, and HR employees comprehend the nature of an FDNS visit.
- Designate a Representative: Identify a company representative, preferably the individual who signed the visa application (petitioner), or an authorized alternative, to interact with the FDNS officer.
- Information Preparedness: Be ready to answer questions about the company, the petition, the beneficiary, and provide any information submitted with the petition.
- Document Accessibility: Ensure that the petitioner knows where to quickly access copies of the petitions.
- Employee Preparedness: Instruct employees to be prepared to answer questions about their position, responsibilities, and employment terms.
- Document Submission: Provide a copy of the petition (redacted if preferred) and supporting documents to the petitioned-for employee, outlining the job opportunity, terms and conditions of employment, and relevant education and work history.
- Internal Audit: Conduct an internal audit to verify that H and L employees’ job duties, work locations, and salary align with the petitions filed with USCIS, and ensure that all Public Disclosure Files are up-to-date.
Post-Site Visit Procedures
After the site visit, FDNS immigration officers compile the information into a Compliance Review Report, which is then reviewed by their supervisor and USCIS officials. While officers do not make decisions on immigration petitions, the report may prompt further site visits or, in cases of suspected fraud, lead to an investigation by ICE.
Conclusion
Facing an FDNS worksite visit may appear daunting, but with meticulous preparation and strict adherence to immigration regulations, employers can navigate these inspections successfully. Legal counsel remains a valuable resource for addressing any immigration-related queries.
At Dyara, we offer guidance to seamlessly handle FDNS site visits, ensuring compliance and safeguarding the interests of both employers and employees in this intricate landscape.
Stay informed, stay compliant with Dyara.
