Complete guide to USCIS FDNS H-1B compliance site visits: what officers check, employer obligations, employee rights, and how to respond without incriminating
The Fraud Detection and National Security (FDNS) directorate is a division of USCIS specifically tasked with detecting immigration fraud and preventing threats to national security. FDNS conducts unannounced or pre-scheduled site visits to employers who have filed H-1B petitions to verify that the information in those petitions is accurate and that the H-1B worker is performing the described specialty occupation duties at the stated worksite.
FDNS site visits are authorized under 8 CFR 103.2(b)(22), which gives USCIS the authority to inspect worksites as part of adjudication and post-adjudication compliance review. These visits can happen at any time during the petition period, during adjudication of a pending petition, shortly after approval, or years later as a random compliance check.
The H-1B program has been a target of widespread fraud, particularly in the IT consulting and staffing industry, where workers are sometimes placed at third-party client sites doing work that does not match the petition description, or where the employer-employee relationship is tenuous. FDNS site visits are USCIS's primary tool for detecting these violations in real time.
FDNS officers are trained to verify specific elements of the H-1B petition against physical reality at the worksite. Their checklist typically includes the following areas of inquiry.
| Verification Area | What the Officer Checks |
|---|---|
| Worker presence | H-1B worker is actually at the stated worksite address |
| Job duties | Duties performed match specialty occupation description in I-129 |
| Employer-employee relationship | Genuine employee relationship; petitioner controls the work |
| Wage payment | Worker is being paid at or above the LCA prevailing wage |
| Working conditions | Worker hours, conditions match what is represented |
| Business legitimacy | Employer appears to be a functioning business |
| Third-party placement | If at client site, client confirms the arrangement |
FDNS officers may speak separately with the H-1B worker and with the employer's HR or management. Inconsistent answers between the two interviews are a significant red flag. Officers typically do not provide extensive notice, they may arrive unannounced or give very short notice (24–48 hours).
Employers must cooperate with FDNS site visits but also have the right to understand the scope of the inquiry and to involve legal counsel. Key employer obligations and rights:
Must Cooperate: FDNS officers have statutory authority to conduct site inspections under 8 CFR 103.2(b)(22). Refusing to cooperate or impeding the site visit can itself be treated as evidence of fraud or grounds for petition revocation.
Right to Know the Purpose: The officer should identify themselves and the purpose of the visit. Ask to see officer credentials (badge, USCIS identification) and the basis for the visit.
Right to Involve Counsel: You may request that your immigration attorney be present or participate by phone before answering substantive questions about the petition. A brief, reasonable delay to contact counsel is acceptable; extensive delay or stonewalling is not.
Document Provision: FDNS officers may request to review I-9 records, LCA public access files, payroll records, and other employment documentation. Cooperate with reasonable document requests. Do not produce documents that are outside the scope of the H-1B petition without legal review.
After the Visit: Document everything about the site visit in writing immediately, what the officer asked, what was said by each party, and what documents were requested or provided. Notify your immigration attorney the same day regardless of how the visit appeared to go.
H-1B workers being interviewed during an FDNS site visit have important rights that protect them during the process.
Right to Remain Silent: As with any government interview, you have the right to decline to answer specific questions, particularly questions about topics outside your direct knowledge or questions that might incriminate you. Invoking this right must be done carefully, blanket refusal to cooperate is unhelpful.
Right to Counsel: You may request the presence of your attorney before answering substantive questions. Do not let an employer pressure you to waive this right.
Answer Truthfully: Lying to a federal officer is a federal crime under 18 U.S.C. §1001. If you don't know the answer to a question, say you don't know. If the officer's question contains a factual premise you know to be wrong, politely correct it. Never guess.
What to Expect to Be Asked: Your name, job title, description of daily duties, educational background, where you work (physical location), who your supervisor is, how many hours you work, and your salary. These are standard questions tied to the H-1B petition elements. If the job you are doing does not match what the petition describes, consult an attorney before the interview.
Proactive preparation is the most effective compliance strategy. Employers who maintain organized H-1B compliance programs are far less likely to face adverse consequences from FDNS visits.
Maintain a Public Access File: DOL requires H-1B employers to maintain a Public Access File (PAF) for each H-1B worker, available for public inspection. The PAF must include the LCA, wage information, and evidence of notice to employees. An incomplete or missing PAF is an immediate red flag during any audit.
Conduct Annual Self-Audits: Compare each H-1B worker's current duties, work location, and compensation against the petition and LCA. If anything has changed (new location, new job duties, new salary), ensure amendments have been filed as required.
Brief Key Personnel: Ensure HR, payroll, and the H-1B worker's direct supervisor know their names, job titles, basic duties, and to contact legal counsel immediately if an FDNS officer arrives.
Post Material Change Amendments: Changes in work location outside the LCA area, significant changes in job duties, or pay changes below prevailing wage require H-1B amendments before the change occurs. An unfiled amendment discovered during an FDNS visit can trigger petition revocation.
Sumit Patel
Immigration content strategist with 8+ years covering U.S. visa policy, USCIS procedures, and employment-based immigration. Not a licensed attorney, always consult a qualified immigration lawyer for your specific case.