In recent times, there’s been a significant rise in site visits by USCIS’s Fraud Detection and National Security (FDNS) unit. This has left many employers feeling unsure about what to do or how to respond. However, these visits are meant to verify the information in immigration petitions. In this blog, we’ll explore the reasons behind the FDNS site visits and offer guidance on how employers can handle these visits confidently.
Understanding FDNS Site Visits
The FDNS conducts site visits to verify the information provided in various immigration petitions, including H-1B, L-1, and EB-1 petitions. These visits typically involve an FDNS officer visiting the employer’s office to confirm details such as the existence of the company, the nature of the job offered to the beneficiary, and the beneficiary’s work conditions. Nevertheless, these visits can be over the phone, or via email and not always in-person.
Reasons for the Increase in FDNS Site Visits
Several factors may have contributed to the recent increase in FDNS site visits. One possible reason is the increased scrutiny of immigration petitions under the current administration, leading to more thorough vetting processes. Additionally, the rise in remote work arrangements due to the COVID-19 pandemic may have prompted USCIS to conduct more site visits to ensure compliance with immigration regulations.
What to Expect During an FDNS Visit
If you receive an FDNS notification, don’t panic! Here’s what to expect:
Verification of Information
The officer will likely confirm details about the foreign worker’s position, salary, and duties. Be prepared to provide documentation like job descriptions, pay stubs, and office space details (even for remote workers).
Employee Interview
The FDNS officer may request to speak with the foreign worker and the authorized signatory on the petition. Be sure your employees are aware of their roles and responsibilities within the company.
Navigating FDNS Site Visits Effectively
For employers facing FDNS site visits, preparation and cooperation are key. Here are some tips to navigate these visits effectively:
- Keep yourself updated on the latest immigration news and updates to stay informed about the current regulatory landscape and any changes that could affect your organization.
- Designate a knowledgeable individual as the point of contact within your organization to handle FDNS site visits and serve as the primary point of contact for FDNS officers.
- Educate employees about FDNS site visits and provide guidance on how to respond if approached by an FDNS officer. Ensure that employees know who to contact within the organization in case of a site visit.
- Review and familiarize yourself with the documentation submitted as part of your immigration petitions, ensuring that all information is accurate and up to date.
- If approached by an FDNS officer, make sure you cooperate fully and provide accurate information to the best of your knowledge. Be transparent and responsive to any inquiries or requests for documentation.
The Final Word
By taking proactive measures and staying informed, employers can navigate FDNS site visits with confidence and ensure compliance with immigration laws and regulations. Remember, cooperation and transparency are key to a successful outcome.
Consider seeking assistance from an experienced immigration attorney who can provide guidance on how to respond to FDNS site visits and ensure compliance with immigration regulations. You can also explore Imagility’s free demo audits to streamline your immigration processes and ensure compliance.
If you wish to learn more about DOL H-1B audits and experience a mock audit to understand how a DOL audit works, get in touch with Imagilty by booking a FREE Demo or contact us at +1 603 782 4622/+1 617 865 6588.
