An unannounced knock at your workplace from USCIS Fraud Detection and National Security. What do they want? What can they legally do? What must you say? Here's the complete survival guide.
USCIS's Fraud Detection and National Security (FDNS) directorate conducts administrative site visits to verify that H-1B petitions accurately represent the employment situation. FDNS was created after a 2004 GAO report found widespread H-1B fraud. Since 2009, site visits have been a formal part of H-1B compliance enforcement.
FDNS officers are not law enforcement, they cannot arrest anyone and do not carry weapons. They are administrative officers whose job is to verify that the representations made in an H-1B petition match reality. A discrepancy between the petition and what they observe is a fraud indicator that can result in petition revocation and referral to DHS or DOL.
Site visits have dramatically increased since 2017 and continue at a high rate. In FY2023, FDNS conducted over 40,000 administrative site visits. With the Trump administration's reinvigorated enforcement posture in 2025–2026, the pace has increased further.
FDNS uses a combination of targeted and random selection. High-risk triggers include:
Body shops and consulting firms placing workers at third-party client sites are the highest FDNS priority. If your employer's business is placing H-1B workers at client locations, expect visits.
When the approved worksite is a client office rather than the employer's own facility, FDNS verifies the relationship and that the work matches the petition.
Employers with prior FDNS findings, USCIS denials, or DOL investigations are flagged for additional scrutiny.
Employees, competitors, or former workers can file tips with FDNS. These trigger targeted visits regardless of the petitioner's history.
FDNS randomly selects a percentage of all approved H-1B petitions for site visits as part of ongoing compliance monitoring.
Very low wages near prevailing wage minimums, unusual SOC codes, or positions that seem inconsistent with the employer's industry can trigger selection.
FDNS site visits follow a structured protocol. Officers typically verify:
Officers interview both the H-1B worker and their supervisor separately. Inconsistent answers between worker and supervisor, even innocent discrepancies like different job title wording, are documented as fraud indicators.
As an H-1B worker, you will be interviewed. Here's how to handle it:
Employers should have a written FDNS response protocol. When officers arrive:
Not all discrepancies result in adverse action. Minor technical issues (e.g., an outdated job title on the LCA) can sometimes be addressed with documentation. Significant discrepancies trigger different outcomes:
| Finding | Likely Outcome |
|---|---|
| Worker not found at worksite | RFE or Notice of Intent to Revoke (NOIR) |
| Job duties don't match petition | NOIR, potential revocation |
| Employer doesn't exist/can't be found | Immediate fraud referral to ICE |
| Worker paid below LCA wage | DOL referral, back wages, debarment risk |
| No employer-employee relationship | Petition revocation, potential criminal referral |
| Minor paperwork issues | Request for additional evidence, usually curable |
Sumit covers H-1B compliance and enforcement trends, tracking FDNS activity, USCIS policy changes, and employer obligations to help both workers and companies maintain status integrity.