USCIS FDNS Site Visit: A Compliance Guide for H-1B and L-1 Employers

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Many employers assume that once an H-1B or L-1 petition is approved, the immigration process is complete. However, USCIS may conduct a FDNS Site Visit (also known as a site inspection or compliance visit) months or even longer after approval to verify certain employment-based visa cases.

For example, a company’s front desk may suddenly receive a visit from two USCIS officers who request to meet with HR, a supervisor, or an H-1B employee. The officers may also ask to review the workplace environment, payroll records, or position-related information. A Site Visit does not necessarily mean that there is a problem with the case. However, if a company is not prepared and the information provided during the visit does not match the original petition, it may lead to further review.

This article explains the USCIS Site Visit process, what information USCIS may review, and how H-1B and L-1 employers can proactively prepare for immigration compliance.

What Is a USCIS Site Visit?

A USCIS Site Visit is a compliance review conducted by the Fraud Detection and National Security Directorate (FDNS) to confirm that the employer’s and employee’s current circumstances are consistent with the information submitted to USCIS.

FDNS may conduct reviews through phone calls, emails, video interviews, or in-person visits to the employer’s location. One of the most common methods is an unannounced site visit.

During a Site Visit, FDNS officers typically verify that the employer is a legitimate operating business, that the employee is actually working for the sponsoring employer, and that the job duties, position, salary, work location, hours, and reporting structure remain consistent with the information provided in the petition.

Depending on the circumstances, officers may request to view the office environment, take photographs, interview company representatives, HR personnel, supervisors, or the beneficiary, and review documents such as payroll records, organizational charts, work records, the Form I-129 petition, Labor Condition Application (LCA), or other supporting documents.

Which Employers Are More Likely to Receive a Site Visit?

Although Site Visits may occur as part of USCIS’s routine compliance review process, certain situations may receive additional attention. These may include newly established companies, employers filing their first H-1B or L-1 petition, employees working primarily at third-party worksites, or situations where the actual employment arrangement differs from the information submitted to USCIS, such as changes in job duties, work location, or salary.

For L-1 cases, additional review may occur when the U.S. company is relatively small, the corporate structure is complex, evidence of the relationship between the U.S. and foreign entities is limited, or the company has previously received RFEs, petition denials, or had prior Site Visit-related concerns.

These factors do not necessarily mean that there is a problem with the case. However, maintaining proper compliance procedures can help employers reduce potential risks during future reviews.

What Does USCIS Typically Review During a Site Visit?

FDNS does not re-adjudicate the entire H-1B or L-1 petition during a Site Visit. Instead, the primary purpose is to confirm that the employer’s current situation remains consistent with the information provided in the immigration filing.

Officers may ask about the company’s business operations and the employee’s current position, job duties, supervisor, salary, and work location. They may also confirm whether the employee is still performing the role described in the original petition.

If employees or company representatives are unsure about specific details, they should avoid guessing or providing inaccurate information. A better approach is to explain that the company needs to verify its records and provide accurate information through the designated company representative or immigration attorney.

Can an Employer Refuse a USCIS Site Visit?

FDNS officers are not law enforcement officers and do not have a search warrant or authority to force entry into a company’s premises. Therefore, an employer may choose not to allow a Site Visit.

However, refusing to cooperate may not always be the best approach. USCIS may determine that it was unable to verify the information in the petition and may conduct additional review, which could potentially affect the approval or continued validity of an H-1B or L-1 petition.

If an employer chooses to cooperate, it is recommended to first verify the officer’s identity and then notify HR, company management, or the company’s immigration attorney. If an employee does not know how to answer certain questions, the employee may politely direct the officer to the designated company contact.

Cooperating with a Site Visit does not mean giving up the company’s rights. A professional, transparent, and consistent response usually helps the review process proceed smoothly.

How Can Employers Prepare for a USCIS Site Visit?

Based on our experience assisting employers with H-1B and L-1 compliance matters, the biggest risks often do not come from the Site Visit itself. Instead, problems usually arise when the company’s actual employment arrangement has changed but the immigration records were not updated.

Examples include employees working remotely for an extended period, changes in job duties, salary changes, or changes in work location.

Employers should establish compliance procedures before a Site Visit occurs rather than trying to prepare after FDNS arrives. Front desk staff, HR personnel, and supervisors should understand the basic Site Visit process and know who is responsible for communicating with USCIS.

Employers should also maintain important immigration records and regularly review whether employees’ job duties, salaries, work locations, and reporting structures remain consistent with the approved petition. If there are significant changes to an employee’s work arrangement, employers should consult an immigration attorney to determine whether an amended petition or other update may be required.

Frequently Asked Questions

When do USCIS Site Visits usually occur?

There is no fixed timeline for a Site Visit. It may occur while a petition is still pending or at any time after an H-1B or L-1 petition has been approved.

What if the company representative is not available during the Site Visit?

If the company owner, HR representative, or supervisor is not available, the company may politely inform the FDNS officer and provide the contact information of the designated company representative.

Employees or other staff members who are not familiar with the petition details should avoid guessing or providing inaccurate information. Instead, they may explain that they do not have the relevant information and refer the FDNS officer to the designated company contact person or immigration attorney for further assistance.

Does a successful Site Visit mean the case is completely cleared?

Not necessarily. A Site Visit is a compliance review, not a separate approval process. If FDNS does not identify any concerns, the visit will generally be documented internally, and USCIS typically will not issue a separate notice confirming that the Site Visit was completed successfully.

However, if USCIS identifies potential inconsistencies or compliance concerns, it may conduct further review, request additional information, issue a Notice of Intent to Revoke (NOIR), or take other appropriate action depending on the circumstances.

Will remote work affect a USCIS Site Visit?

Remote work itself does not automatically create an immigration issue. However, employers must ensure that the employee’s actual work location remains consistent with immigration requirements, including applicable LCA posting and H-1B worksite obligations.

If an employee’s work location changes significantly, employers should consult an immigration attorney to determine whether an update or amended petition may be required.

Will a Site Visit affect future H-1B or L-1 filings?

If USCIS completes the Site Visit without identifying compliance issues, it generally will not negatively affect the company’s future H-1B, L-1, or other employment-based immigration filings.

When should an employer contact an immigration attorney after a Site Visit?

Employers should consult an immigration attorney if they receive a Request for Evidence (RFE), a Notice of Intent to Revoke (NOIR), or discover that the company’s actual employment arrangement differs from the information submitted to USCIS.

If your company receives a USCIS Site Visit or would like to proactively review H-1B and L-1 compliance matters, please contact Ding Babb Law Group. We assist employers with immigration compliance reviews, Site Visit preparation and response, RFEs, NOIRs, and other H-1B/L-1 employment immigration matters.

Keywords: USCIS Site Visit, H-1B employer compliance, L-1 visa compliance, FDNS Site Visit, H-1B RFE risk, employment-based immigration compliance

Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Each situation should be evaluated based on the employer’s specific circumstances, visa category, employee work arrangement, immigration history, and the details of the Site Visit.