US Citizenship and Immigration Services (USCIS) Fraud Detection and National Security Directorate (FDNS) conducts unannounced worksite visits to ensure compliance with US immigration laws. Site visits are used to verify that foreign workers’ employment conditions align with the terms specified in their visa petitions and that employers meet their legal obligations.

The frequency of FDNS worksite visits has increased in recent years, due partly to heightened scrutiny of immigration petitions and the challenges posed by the rise in remote work arrangements during and following the COVID-19 pandemic. In light of these developments, employer compliance checks have become a critical tool for USCIS, and as a result, FDNS site visits have become more common – and more rigorous.

Immigration compliance is also expected to be a key area of focus under the new Trump Administration.

Importantly – FDNS site visits are typically surprise visits, meaning they are unannounced and designed to catch employers and employees off guard to ensure authenticity and compliance. The unplanned nature of these visits allows FDNS officers to verify that the actual working conditions align with the terms specified in the visa petitions without prior preparation or adjustments by the employer or employee.

US employers should therefore they be prepared for an FDNS worksite visit to take place at any time.

 

What are FDNS Worksite Visits?

 

FDNS worksite visits are designed to confirm that employers are adhering to immigration laws, verify that the terms of employment for foreign workers match the details provided in their visa petitions and ensure that sponsored foreign employees comply with the terms of their approved petitions.

While FDNS initially focused on H-1B specialty occupation workers, the program has expanded to include other visa categories including L-1 visas for intracompany transferees, EB-5 immigrant investor petitions and R-1 religious workers.

During a site visit, FDNS officers verify details about a foreign worker’s job, including their position, salary, and job duties. Employers are often asked to provide documentation such as job descriptions, pay stubs, and office details, which may include arrangements for remote workers. Officers may also interview both the foreign worker and the individual who signed the visa petition to confirm the accuracy of the information provided.

 

Penalties for Violations

 

Employers found in violation of I-9 compliance during site visits face a range of penalties spanning civil, criminal, operational and reputational consequences, which vary based on the nature, severity and intent of the violations, .

Failure to properly complete, retain, or make available I-9 forms can result in significant civil fines, even for minor clerical errors. The penalties escalate for employers found to have hired or continued to employ unauthorized workers. First-time offenders face fines ranging from hundreds to thousands of dollars per unauthorized worker, while repeat offenders can incur penalties exceeding $30,000 per worker. Additionally, discriminatory hiring practices based on citizenship or national origin may result in separate fines.

Employers proven to have knowingly hired unauthorized workers may face criminal prosecution. These charges can include fines and prison time of up to six months. More serious offenses, such as harboring undocumented workers by providing housing or transportation, carry penalties of up to 10 years in prison. Employers who falsify employment eligibility documents or engage in fraud may also face severe legal consequences.

I-9 noncompliance can have significant operational consequences, particularly in the case of worksite raids. Such raids can result in the immediate loss of a substantial portion of the workforce, severely disrupting business operations. Employers may also face reputational damage from publicized enforcement actions, which can harm relationships with clients and the public.

In extreme cases, authorities may suspend or revoke an employer’s business license, especially for repeated or egregious violations. Companies may also be subject to ongoing scrutiny through periodic compliance checks and be required to implement monitoring systems such as E-Verify to ensure future compliance.

Employers using electronic I-9 systems face additional risks if the technology fails to meet federal requirements, such as providing adequate audit trails or detecting errors. In one high-profile case, a company faced $24 million in penalties due to a defective electronic system, underscoring the importance of ensuring system compliance.

Beyond the financial and operational penalties, employers may experience reputational harm, especially if violations result in media coverage of enforcement actions. Legal costs can also accumulate as businesses defend against audits, investigations, and potential lawsuits. In industries reliant on government contracts or critical infrastructure, compliance failures may lead to the loss of key partnerships and contracts.

 

How to Prepare for an FDNS Worksite Visit

 

Employers can take several proactive steps to prepare for an inspection:

 

Stay Informed About Immigration Laws and Policy Changes

 

Employers must stay up to date with immigration laws, regulations, and USCIS guidance. Policies and enforcement priorities can change, and understanding these shifts is essential for maintaining compliance. Employers can subscribe to updates from USCIS or consult regularly with immigration attorneys to ensure they are aware of any developments that might impact their workforce or operations.

 

Conduct Internal Compliance Audits

 

Regular internal audits help employers identify and correct any discrepancies in their immigration records and employment practices before they attract scrutiny. Employers should verify that job duties, salaries, and work locations match the information provided in visa petitions. It is equally important to confirm that I-9 forms are accurate and that Labor Condition Application (LCA) requirements, such as public posting for H-1B workers, have been met.

 

Designate a Point of Contact for FDNS Visits

 

A designated point of contact, typically a member of the HR or legal team, should be assigned to manage FDNS site visits. This individual should be well-versed in the company’s immigration processes and records. They will act as the primary liaison with FDNS officers, coordinate the collection of requested documents, and guide officers during their visit.

 

Maintain Accurate and Updated Records

 

Employers must ensure that all immigration-related documentation is current, accurate, and readily accessible. This includes visa petitions, employment agreements, job descriptions, pay stubs, LCAs, I-129 forms, and any supporting evidence submitted to USCIS. Employers should also document compliance with wage requirements and be prepared to demonstrate that foreign workers are performing duties consistent with their approved roles.

 

Educate and Train Employees

 

Employees should be informed about FDNS site visits and trained on how to respond appropriately. Foreign workers should understand their job roles and responsibilities and be prepared to answer basic questions honestly. Front-desk staff and managers should be instructed to notify the designated point of contact immediately if an FDNS officer arrives. Employers should emphasize the importance of polite, accurate, and cooperative communication during these visits.

 

Address Remote Work Considerations

 

Remote work arrangements, which have become increasingly common, can pose additional compliance challenges. Employers must ensure that these arrangements are consistent with visa terms, which often specify worksite locations. If remote work results in a change to the primary worksite, employers may need to update LCAs and visa petitions to reflect the new location. Clear documentation of remote work policies and arrangements is critical.

 

Conduct Mock FDNS Visits

 

Simulating FDNS visits can help employers assess their readiness and address any gaps in their preparation. Mock visits should include common scenarios such as requests for specific documentation or interviews with employees. These simulations allow employers to test their processes and refine their response strategies to ensure that they are prepared for an actual site visit.

 

Engage Legal Counsel or Immigration Experts

 

Employers should consult with legal counsel or immigration experts to review their compliance procedures and address any concerns. An attorney’s expertise can be invaluable during an FDNS visit, especially if complex questions or unusual requests arise. Employers may also seek legal advice after a visit to address any findings or recommendations made by FDNS officers.

 

Foster a Culture of Compliance

 

A company-wide culture of compliance ensures that employees understand the importance of adhering to immigration regulations. Employers can promote this culture by offering regular training, incorporating compliance metrics into evaluations, and communicating the potential risks of noncompliance, including financial penalties and reputational damage.

 

Respond Promptly and Effectively

 

Cooperation and transparency are key when dealing with FDNS officers. Employers should respond promptly and honestly to requests for information or documentation. Being proactive, organized, and cooperative not only facilitates the process but also demonstrates the employer’s commitment to compliance with immigration laws.

When an FDNS officer arrives, employers should respond calmly and professionally. It is important to verify the officer’s identity, request their credentials, and notify the designated point of contact. Employers should provide only the requested documentation and ensure that all responses are accurate and consistent with USCIS filings. Maintaining a cooperative and transparent approach is critical to ensuring a positive outcome.

 

Need Assistance?

 

As FDNS ramps up the frequency and scope of its surprise worksite visits, employers must be prepared to demonstrate compliance with U.S. immigration regulations.

To ensure your organization is fully compliant and prepared, speak to our US immigration compliance specialists.