Ding Babb｜USCIS Site Visits: Comprehensive Guide for H-1B and L-1 Employers and Employees

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Keywords: USCIS site visit, H-1B on-site inspection, L-1 site visit, FDNS, H-1B compliance, immigration office on-site inspection

After H-1B or L-1 work visas are approved, employers and foreign employees still need to remain vigilant regarding compliance risks. In recent years, the U.S. Citizenship and Immigration Services (USCIS), through its Fraud Detection and National Security (FDNS) unit, has significantly increased site visits for approved petitions, particularly targeting H-1B and L-1 employers. This trend has become an important part of the current immigration enforcement environment.

It is important to note that a USCIS site visit does not necessarily indicate a problem with the petition. FDNS site visits are part of USCIS’s routine compliance review mechanism, typically combining random selection with risk-based targeting. Even if petition information is accurate and fully compliant, an employer may still be selected for a site visit. However, improper handling of a visit could lead to Requests for Evidence (RFE), Notices of Intent to Revoke (NOIR), or even impact future H-1B or L-1 petitions.

🌍Common Types of USCIS Site Visits🌍

USCIS site visits are typically conducted by the FDNS unit and may take several forms. Compliance verification can occur via emails to the employer or employee, phone calls, or unannounced on-site visits. Among these, on-site visits often cause the most concern. Nevertheless, as long as petition information is accurate and aligns with actual conditions, employers and employees generally have no reason to worry.

🌍Are Site Visits Random?🌍

USCIS site visits are partly random. The agency regularly selects a portion of approved H-1B, L-1, and R-1 petitions for verification to ensure the accuracy and consistency of the submitted information. Even petitions with no compliance issues may be selected, as this is a standard part of USCIS oversight and does not imply any negative judgment on the individual case.

🌍Situations That May Trigger a Site Visit🌍

Certain circumstances may increase the likelihood of being selected for a site visit. Newly established companies or first-time petitioning employers without prior USCIS audit history are often subject to closer scrutiny. Employees working at third-party client sites, where supervision and management structures are more complex, may also face higher review probabilities.

Other factors include unclear job descriptions, job duties inconsistent with educational or professional qualifications, L-1 multinational companies with complex structures and few employees, prior RFEs or denials, outdated or inconsistent company information in the USCIS VIBE system, and employment in higher-risk industries such as IT outsourcing, staffing, or consulting.

🌍What USCIS Verifies During a Site Visit🌍

During a site visit, FDNS officers generally verify the accuracy of petition information using multiple methods. They may photograph the workplace, interview employees and their direct supervisors, and request access to relevant documents such as payroll records or copies of I-129 petitions. 

USCIS focuses on confirming that the company exists and operates at the address listed on the petition, that the beneficiary is actively employed, and that the employee’s actual job duties, position, salary, work hours, and reporting structure match the petition. Officers also confirm that the employer is aware of and continues to support the visa petition.

🌍Timing, Frequency, and Potential Outcomes🌍

Site visits typically occur three to twelve months after petition approval and generally last thirty to sixty minutes. If all information is consistent, the visit is documented, and no adverse effects occur on subsequent immigration filings. If significant discrepancies are identified, USCIS may issue a Notice of Intent to Revoke (NOIR) requesting an explanation. 

It is important to note that FDNS officers do not decide petition outcomes. Their role is limited to investigation and fact-finding, and the final decision rests with USCIS adjudicators. In extreme cases, if clear evidence of fraud is found, the case may be referred to Immigration and Customs Enforcement (ICE) for further investigation.

🌍Can an Employer Refuse a USCIS Site Visit?🌍

Legally, USCIS site visits are voluntary. FDNS officers do not have enforcement authority and cannot enter company premises without a warrant. Employers have the right to refuse or terminate a site visit at any time.

However, refusal is usually documented as “Refused to Cooperate” or “Unable to Complete Site Visit,” which may trigger further scrutiny, lead to reassessment of an approved petition, and affect future H-1B or L-1 filings. Therefore, any decision to refuse a site visit should be made carefully under the guidance of an experienced immigration attorney.

🌍Compliance Recommendations for Employers🌍

To reduce risk and improve preparedness, employers should take proactive measures. These include regularly verifying that company information in the USCIS VIBE system is accurate, consulting an immigration attorney if an employee’s job duties, salary, or work location changes to determine if an Amended Petition is required, and establishing an internal protocol to manage site visits. 

Employers should designate a point person to coordinate with FDNS officers and, during the visit, politely request the officer’s name, title, and contact information. All relevant visa documents (H-1B, L-1, R-1, etc.) should be readily available. For questions that require verification, employers and employees should avoid providing immediate answers and instead provide accurate, written follow-up with attorney assistance.

🌍Conclusion🌍

USCIS site visits are now a standard component of the immigration compliance landscape. Remaining calm, courteous, and truthful, combined with thorough pre-visit preparation, is critical to successfully navigating a site visit. Employers and employees who receive a site visit notice, or who have questions regarding work visa compliance, are strongly advised to consult experienced immigration attorneys promptly to mitigate risk and ensure long-term visa stability.