Worksite Fraud Detection Site Visits

A sponsoring employer may face an on-site visit, an investigation, or a request for additional documentation to corroborate the information provided in its attestations on H-1B, R-1, or L-1 petitions. USCIS officials can conduct a site visit with or without prior notice to confirm the information in the petition. The “visit” may involve a telephone call or a personal appearance by a Fraud Detection and National Security Division (FDNS) officer.

If you are given advance notice of a site visit, please notify your attorney at Scott D. Pollock & Associates so that we may be present during the visit–or arrange to have local counsel present–and facilitate this process for you. If the FDNS makes an unannounced visit, please notify our office immediately of the contact and/or communication.

In advance of this potential site visit, you should first:

1. Conduct an audit of all your sponsored employees:
2. • Do you have copies of the employee’s immigration-related documents?
   • Is the employee in lawful status?
   • Do you know where the employee is assigned?
   • Do you know what job the employee is performing, and is it consistent with the petition you filed on their behalf?
3. Update all employment and personnel records for all your sponsored employees. Maintain job descriptions for all foreign national religious workers that describe the responsibilities involved in the full-time position. You should be able to convey to the FDNS official how these duties relate to a religious function.
4. Ensure that you have the H-1B Public Access Files ready for inspection if requested. We send our clients these documents when preparing/filing the H-1B petition. Likewise, maintain documentation that your organization is compensating the H-1B worker with the wage listed in the H-1B filing. The H-1B Public Access File should be maintained separately from the general personnel file (and likewise, the I-9 files should also be kept separate from the Public Access File and personnel file).
5. Create a master list of all sponsored employees, which includes immigration status, any sponsorship whether nonimmigrant (e.g. R-1, H-1B, F-1, B-1/B-2, H- 3) or Special Immigrant, place(s) of assignment and job description, number of other employees at the job location and job duties of other employees.
6. Routinely audit and update your own master list. As employees come or leave the U.S., update the list. By doing so, you will have current updated and accurate information for each new and future government filing.
7. Designate an individual within your organization, who has firsthand knowledge of all sponsored employees, to be the responsible party for updating, organizing, and maintaining the master list. Instruct all personnel or receptionists to direct FDNS calls or agents to a designated person with knowledge of the religious worker petition, normally the signer of the petition. Ideally, only the signer or other designated person should meet with the FDNS officer, to confirm the existence of the petition and the employment offer, and provide their knowledge of the beneficiary and his or her qualifications. Other staff should be aware of the possibility of a site visit. They should refer the officer to the designated persons.
8. Have available “mirror-image” copies of all petitions and supporting documents filed with the USCIS.
9. Notify us immediately of any changes in the intended employment, including wages, duties, and working hours. Depending on the change, we may need to revise the pending petition with the new information.

If FDNS appears for a site visit, take the following immediate steps:

1. Ask the FDNS officer for his or her badge and identification, a business card and/or telephone and email contact information. Ask about the specific purpose and scope of the visit/call and limit your remarks to that purpose and scope.
2. Remind the FDNS officials that you are represented by counsel and that you wish to notify counsel of the visit/call.
3. Have any appropriate corporate, financial, or facility-related documents available for review if the officer requests to see them for the purpose of verifying the information in the petition.
4. Cooperate with FDNS officials. They may ask to take photographs of the facility to verify its existence and interview the beneficiary and supervisors or other personnel to confirm the details of the beneficiary’s physical work area, hours, salary, and duties. Site visits typically take less than one hour and often take significantly less time.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 H-1B or L-1 petition and supporting letter. If an FDNS investigator asks questions that are beyond the scope of the petition or would require internal research, it is okay to ask for additional time to respond. If follow-up is required, it is important that you quickly respond with the requested information or documentation to ensure that the Compliance Review Report can be completed by the inspector in a timely manner.
5. Please make a detailed record of the site visit, including all questions asked, answers provided, and documents requested or reviewed by the FDNS officer, and provide us with the information, along with the officer’s contact information so we may follow up appropriately.

Contact Scott D. Pollock & Associates for Help With FDNS Inspections

If you have any questions about how to handle a visit from the Fraud Detection and National Security Division, contact our employment-based immigration team at (312) 444-1940.