Any company that employs an H-1B or L-1A worker can be subject to a site visit. When investigators arrive, they will typically request to speak with the person who signs immigration documents and one or more of the sponsored H-1B and L-1A workers. The purpose of these investigations is to confirm that the information provided on the employer's petition is consistent with the foreign national's terms of employment and job duties at the company. 

Please note the H-1B Modernization Final Rule, which was published by the Department of Homeland Security (DHS) on December 18, 2024, expanded the scope of on-site visits to determine compliance with immigration laws and regulations. Employers should now be prepared for on-site visits to the petitioning organization’s facilities, access to all sites where the H-1B labor will be performed, interviews with its officials, and review of any records related to H-1B compliance. The Rule also clarifies that an inspection may take place at the employer’s (or third party’s) headquarters, satellite locations, or the location where the H-1B employee works or will work, including their home, or third-party worksites, as applicable. Although employers are not required to speak to DHS officers or allow them into the non-public parts of their offices or facilities, unless the officers present a warrant, failure to do so could result in denial or revocation of the H-1B petition.

We are providing these FAQs to prepare our clients for DHS site visits.

Who is conducting the site visits?

The site visits are being conducted by the Department of Homeland Security's (DHS) U.S. Citizenship and Immigration Services' (USCIS) Office of Fraud Detection and National Security (FDNS). Note that most of the agents conducting the site visits are private investigators contracted by the DHS and not government employees.

Why are the site visits being conducted

The investigations are being conducted as a part of the USCIS mission to detect and deter immigration fraud, and are financed by the $500 "Antifraud Fee" that is required for all new H-1B and L-1 petitions. These visits are not triggered by "red flags" in the petition filings. Prior to the pandemic, most employers of H-1B or L-1A workers could expect a random site visit. Although site visits tapered off during the pandemic, the FDNS resumed site visits after the national emergency ended.

Which employers are being investigated?

In the current climate, employers large or small should expect to be visited by an FDNS investigator.

Will the DHS provide the employer with forewarning of the site visit?

No. These site visits are generally unannounced.

Where will the site visit take place?

The investigator will come to either the employer's principal address or the worksite listed on the H-1B or L-1A petition.

Who will the investigator ask to speak with?

The investigator will ask to speak with the company representative who signed the petition, and usually one or more of the sponsored employees. If the person who signed the petition is not available, they will ask to speak with a human resources representative.

May an employer request that its immigration counsel be present?

Yes. The employer is entitled to representation by its immigration counsel. However, the DHS has indicated that it will not reschedule an appointment in order for the attorney to be present. We encourage you to contact our office by phone if you are uncomfortable or unsure how to answer any of the questions asked by the investigator.

How can employers verify that an investigator is an agent of DHS?

The investigator should present a DHS-issued identification and a business card. Please contact our office if you would like us to verify a DHS officer's identity through the FDNS office.

What questions will the investigator ask?

Some of the questions that investigators typically ask include:

• What is the total number of employees at the company?

• How long has the company been in business?

• How many foreign nationals who are currently working at the employer have been sponsored by the company?

• How many employees have been sponsored by the company for permanent residency (green cards)?

• What are the job duties, work location, work hours, and salary of the foreign worker?

• Is the foreign worker assigned to work at clients' worksites or other locations?

What documentation will the investigator ask to see?

The investigator may ask to see financial reports, payroll records, incorporation paperwork, or other information to verify the company's existence, income, and payroll.

Will the investigator ask to see I-9 employment verification records?

To our knowledge, FDNS investigators have not asked to see I-9 records during site visits. Employment verification issues are generally not handled by the FDNS office handling site visits. If the investigator does ask to see the I-9 records, please contact our office.

Will the investigator ask to see the Labor Condition Application Public Access Files for H-1B workers?

Investigators have not been asking to see the LCA Public Access File during these site visits. However, these files should be provided to the investigator if he or she asks to see them.

Will the investigator ask to tour the worksite?

In some cases, the investigator will ask to tour the worksite and may ask to take photos.

May the employer decline to answer questions, or not allow the investigator to view its corporate and financial documents, or tour the premises?

Yes. However, we believe that it is prudent to be as cooperative as possible during these routine site visits because refusal may result in revocation of the petition, which would put the beneficiary of the investigation immediately out of status. If there is confidential information that is not related to payroll or immigration, or parts of your worksite that you normally do not allow visitors to see, we recommend telling the investigator that company policy precludes you from providing the information or showing that part of the worksite. Please contact our office if the investigator insists on access to the information or visiting a restricted part of the work site.

How should employers prepare for DHS site visits?

We recommend that employers take the following steps to prepare for DHS site visits:

• Don't panic. There should be no reason to be concerned about a site visit so long as the information provided to the investigator is consistent with the information provided in the immigration filings.

• Review the current job duties, job title, work location, and salary of your H-1B workers or other sponsored employees against the most recent immigration filings to ensure that there are no inconsistencies. If there have been significant changes in the job duties, or salary, or if there has been a change in job location, please contact our office as soon as possible to determine whether an amended petition needs to be filed.

• Brief the signer(s) of immigration documents on the possibility of a site visit, and give him or her a copy of these FAQs.

• Assign a backup Human Resources representative in case the signer of immigration documents is unavailable, and give the backup person a copy of these FAQs as well.

• Notify the company's receptionist(s) that a DHS investigator may come to the company unannounced. Instruct the receptionist(s) to refer the investigator to the designated person, or his or her backup, when the investigator arrives. We also recommend instructing the receptionist not to allow the investigator to speak with the sponsored employee, or view confidential information until he or she has spoken with the designated person.

• Notify your H-1B or L-1A workers that a DHS investigator may come to the worksite and ask to speak with them and that this is a routine procedure and does not mean that there are any issues with their status.

• Ensure that copies of immigration-related filings are readily available in the case of a site visit.

• Contact our office if you have any questions.