U.S. Citizenship and Immigration Services (USCIS), through its Fraud Detection and National Security (FDNS) Directorate, conducts unannounced worksite visits to verify the information submitted in employment-based immigration petitions. Recent reports indicate that H-1B employers and their employees are increasingly subject to these surprise site visits, often with little or no advance notice. These visits are different from visits from Homeland Security Investigations (HSI) for Forms I-9 and Immigration and Customs Enforcement (ICE) raids.
As FDNS worksite visits continue to rise, it is important for employers and foreign national employees alike to understand why these visits occur, who may be visited, what USCIS officers review, and how to prepare in the event of a site inspection.
Why Do Worksite Visits Occur?
FDNS worksite visits are conducted to ensure the visa program is being used appropriately, and that sponsored employees are working in accordance with the terms and conditions outlined in their approved petitions.
USCIS launched the Administrative Site Visit and Verification Program (ASVVP) in 2009 to verify information submitted in certain employment-based immigration petitions. The program is administered by USCIS’s FDNS Directorate and is primarily used to assess whether petitioners (employers) and beneficiaries (foreign nationals) are complying with applicable immigration laws and regulations. Under the ASVVP, petitions may be selected at random for unannounced worksite visits.
- The types of petitions subject to site visits under ASVVP include H-1B specialty occupation, L-1 intracompany transferee executive or R-1 religious worker, and EB-5 immigrant investor program.
USCIS launched the Targeted Site Visit and Verification Program (TSVVP) in 2017 to take a more data-driven approach to petition verification.
- The types of petitions subject to site visits under TSVVP include H-1B specialty occupation, L-1 intracompany transferee executive or manager, H-2A temporary agricultural worker, H-2B temporary non-agricultural worker, and certain spousal-based immigrant petitions.
According to reports, FDNS will be conducting site visits, with a focus on spousal petitions, H‑1B petitions, and students who have applied for Optional Practical Training (OPT) work authorization.
Additionally, an FDNS site visit could occur due to a tip. It is very important to contact immigration counsel promptly since failure to cooperate with an FDNS site visit may result in the denial or revocation of a petition.
Who May Be Visited?
FDNS immigration officers may make unannounced site visits, including to third-party worksites, to collect information as part of a compliance review. If a FDNS immigration officer appears at the worksite, it is important to stay calm and politely request the officer’s government-issued identification and business card; ask what the purpose of their visit is; and document their name, title, and contact information. As mentioned above, employers should also contact immigration counsel immediately.
What Do FDNS Immigration Officers Review?
FDNS immigration officers conduct their work for fact-finding purposes. The FDNS officer may speak with individuals who may have knowledge of the petition, and, in certain circumstances, may issue administrative subpoenas to obtain documents or testimony.
The FDNS officer may also review the certified Labor Condition Application (LCA), which is needed for an H-1B petition, and may contact the U.S. Department of Labor (DOL). The DOL announced Project Firewall on September 19, 2025, giving its Wage and Hour Divisionauthority to conduct unannounced Secretary certified investigations. Per the DOL announcement, “Through Project Firewall, WHD enforces H-1B visa program requirements, prioritizing investigations where there are signs of displacements, inadequate recruitment of U.S. workers, or other abuses.”
Penalties for violations include payment of back wages, reimbursement of required fringe benefits, civil penalties, and debarment from the H-1B visa program for at least one year.
How To Prepare
- Designate Company Contacts: Assign a primary and backup representative who are trained to interact with USCIS. Ensure front desk or reception staff know how to properly direct FDNS officers upon arrival.
- Maintain Accurate and Accessible Documentation:
- Keep key immigration and employment records readily available, including a copy of the filed Form I-129, Labor Condition Application (LCA), Public Access File, payroll records, organizational charts, worksite documentation, and updated job descriptions.129, Labor Condition Application (LCA), Public Access File, payroll records, organizational charts, worksite documentation, and updated job descriptions.
- Audit your documentation for completion and accuracy. Foster can assist with the audit and assist in creating public access file(s) if you do not have the required public access file(s).
- Immigration Counsel: Have the name and contact information of your Immigration Counsel readily available so that you can contact counsel promptly.
Contact Your Immigration Counsel Promptly
Notify your immigration counsel as soon as a site visit occurs so they can provide guidance and support throughout the process. When you notify your immigration counsel, tell them what type of government visit you received, e.g., USCIS site visit, and provide counsel any documentation that was given to you. Your immigration counsel can assist you with the visit and response.
Also, reach out to your immigration counsel to debrief following the site visit. If any corrective action may be required, it is critical to seek counsel’s guidance to ensure appropriate and timely compliance.
This article does not constitute legal advice, and employers should reach out to immigration counsel for advice specific to the employer and the situation.
