At Ackah Business Immigration Law, we want to ensure our clients are fully informed and prepared. If your company sponsors employees under U.S. visa categories such as L-1, TN, E-1/E-2, H-1B or others, it’s important to be ready for unannounced worksite inspections by the Fraud Detection and National Security Directorate (FDNS) of U.S. Citizenship and Immigration Services (USCIS).
What Are FDNS Site Visits?
FDNS Administrative Site Visits are part of USCIS’s compliance and fraud prevention efforts. Officers conduct these checks to verify the information in a visa petition, including:
Validity of the employer and business operations
Accuracy of the employee’s job title, responsibilities, salary, and work location
Proper compliance with visa-specific requirements
These visits may occur at the company’s main office or HR department, at a client or third-party worksite, or at a remote work address listed in the immigration petition and are typically unannounced.
What Happens During a Site Visit?
An FDNS officer may:
Interview the foreign employee, their supervisor, and HR personnel
Request to review documents related to the visa petition
Take a tour of the worksite and photograph facilities
Verify job responsibilities and confirm that terms match what was filed with USCIS
Employers should always confirm the officer’s identification and notify legal counsel immediately.
Key Tips for Employers:
Keep all immigration records and supporting documents well-organized
Ensure employees understand the role, salary and work location as filed
Notify client sites or third-party locations that site visits are possible
Designate a company representative to handle these visits
Do not allow unsupervised interviews or office tours
Maintain detailed notes and contact your legal team right after any visit
Other Areas of Compliance to Monitor:
Site visits are part of a broader compliance framework. U.S. employers should also be prepared for:
Form I-9 Inspections: All Form I-9s must be properly completed, signed, and stored
Department of Labor (DOL) Wage and Hour Audits: Ensure foreign workers are being paid the wage listed in the certified Labor Condition Application (LCA)
Job Changes: Any material changes to job duties, salary or location must be reported through an amended petition or LCA
Don’t Wait for a Knock at the Door
Proactive preparation is the best way to reduce risk. A trained HR team and a clear compliance protocol can protect your company from penalties or revocation of a worker’s visa.
If you have questions about your U.S. immigration compliance obligations or would like to review your procedures, our legal team is here to help. Contact us at www.AckahLaw.com or call +1 403-452-9515 to learn more about how we can assist.
