We have received recent reports of USCIS officers contacting H-1B employees directly by phone and then performing site visits for employees who work from home. Surprise visits from USCIS’s Fraud Detection & National Security (FDNS) unit can rattle even the most buttoned-up teams. These types of visits are legally permitted but employer’s and their teams must have proper procedures in place to keep the visit efficient, accurate, and low-stress—while protecting the company and H-1B employees. Below is our practical guide based on the protocol we train clients to use.
H-1B Site Visit Protocol
The First Rule: No One Goes It Alone
If anyone at your company is contacted by phone or in person about immigration or H-1B matters, do not answer questions solo. Company policy should require the designated representative to be present (and counsel looped in) before any conversation begins. A simple, professional script works may be:
“Thank you. Company policy requires our designated representative to be present for immigration questions. May I have your name, agency, office, badge/ID number, callback number, and your official .gov email? We’ll bring our representative and counsel in right away.”
Immediately notify your designated representative and your immigration counsel, forwarding a quick log with the date/time and the details you collected.
If an Investigator Arrives Unannounced
1. Greet + Verify: Politely greet the investigator and record their name, title, badge/ID, agency, office, and contact details (ask for a card if available).
2. Call Your Team: Contact your designated representative and counsel. FDNS commonly allows counsel to join by phone during the visit.
3. Escort at All Times: Keep the investigator accompanied—no unsupervised access to offices, labs, or production floors.
4. Structure Any Interviews: If the investigator requests to speak with the H-1B employee, a supervisor, or a colleague, ensure your representative is present and counsel is dialed in.
5. Manage Tours/Photos: If a tour or photos are requested, have your representative accompany the investigator and note the areas photographed.
6. Take Good Notes: Keep a running log of questions asked, answers provided, and any documents shown.
What FDNS Typically Verifies
FDNS site visits focus on whether your filed petition matches reality. Expect questions confirming:
1. Basic company facts: locations, number of employees, revenue.
2. The H-1B employee’s start date, title, day-to-day duties, wage, and work location(s).
3. The number of H-1B petitions your company has filed.
4. The authenticity of the company representative’s signature on the petition.
They may ask for copies of business records (e.g., tax returns, quarterly wage reports). Route every document request through your representative and counsel—never hand over materials directly from a personal desk or local drive.
When speaking with the H-1B employee, investigators often ask about duties, salary, worksites, education and prior work, dependents, and whether the employee paid any filing or attorney fees (they should not have). Supervisors or coworkers may be asked to confirm duties and reporting lines. Most visits last about an hour.
Why This Process Matters
FDNS site visits are designed to validate that the H-1B position and employment conditions match what was filed with USCIS. Handling the encounter with structure and discipline:
– Protects employees from inadvertent misstatements,
– Keeps sensitive data secure, and
– Preserves the integrity of your immigration program.
Legal Disclaimer: This blog post provides general information and is not legal advice. For guidance tailored to your specific facts, please contact your immigration counsel.
