USCIS has established the Office of Fraud Detection and National Security (FDNS). to enhance the integrity of the U.S. immigration system. The FDNS is responsible for identifying and investigating fraud in immigration applications and petitions. Its purpose is to evaluate the integrity of immigration benefits programs, including the H1B program. This involves conducting a purely random sampling of pending and completed cases. FDNS's Immigration Officers conduct site inspections inside the U.S.

The site visits may occur at the H-1B employer’s principal place of business and/or at the H-1B nonimmigrant’s work location, as indicated on the Form I-129 petition (regardless of whether the work location is controlled by the H-1B employer). The employer may request that its immigration attorney be present during the site visit. However, FDNS officers will not typically reschedule a site visit so that an attorney may be present. FDNS has stated that it will allow counsel to be present by phone, if requested.

During the H-1B site visit, the FDNS officer will normally verify information continued in a specific immigration petition. The FDNS officer will normally have a copy of the petition. The FDNS officer will usually request to speak with the employer’s representative who signed the Form I-129. However, because the site visit is unannounced, if this representative is not available, the FDNS officer will then ask to speak with another employer representative, such as a Human Resources Manager.

After speaking with the employer’s representative, the FDNS officer may then request a tour of the employer’s facility. During the tour, the FDNS officer may take photographs of the facility. The FDNS officer will then normally request to interview the H-1B beneficiary. During this interview, the FDNS officer may ask the beneficiary about his/her job title, job duties, responsibilities, employment dates, position location, requirements for the position, his/her academic background and previous employment experience, his/her current address, and information about his/her dependents, if any.

After speaking with the H-1B beneficiary, the FDNS officer may then request to speak with a colleague of the beneficiary and/or the beneficiary’s manager. When speaking with these individuals, the FDNS officer will again request information about the beneficiary’s position title, the position duties, and the requirements for the position

After conducting the interviews and receiving any requested documentation, the FDNS officer will complete the site visit. H-1B site visits usually last for less than an hour.

HOW TO PREPARE FOR THE SITE VISIT:

q       Review the H-1B petition in its entirety - the nature of the job offer, and the terms and conditions of employment.

 q       Personnel responsible for greeting visitors should be advised that it is company policy not to admit any unauthorized persons to the private areas of the business, including government agents or contractors, without the approval of a designated company official. In the case of agents or contractors investigating a visa sponsorship petition, the designated official should be knowledgeable of the petitioner’s immigration program and the conditions under which the beneficiaries are employed.

 q       Request the name, title, and contact information for the site investigator. If the investigator identifies himself as a USCIS FDNS contractor, request a business card with a toll free number to obtain confirmation of his credentials prior to providing any information.

 q       Do not to speak with government agents or contractors without a witness present.

 The USCIS Vermont Service Center has indicated to us that it has transferred approximately 20,000 cases to the FDNS as part of the H-1B assessment program. Therefore, it appears that FDNS officers will be appearing at the offices of numerous H-1B employers within the next few months to gather information about their compliance with the H-1B program.