H-1B visas enable U.S. employers to hire foreign professionals in specialty occupations. Employers and employees receiving emails or visits from Fraud Detection and National Security (FDNS) officers have noticed more frequent site inspections. This trend aligns with a modernized rule that focuses on compliance and transparency in the H-1B program. While these visits are often random, it is critical to be prepared.

Why These Visits Are Happening

USCIS has heightened efforts to verify information provided in H-1B petitions. Officers may appear at worksites including residences if the H-1B works remotely, interview employees, request documentation, and contact employers and end-clients by phone or email. Their goal is to confirm that the foreign national is performing the duties described in the approved petition and is paid according to the required wage obligations.

What Employers and Employees Are Encountering

Employers have reported receiving direct emails and phone calls from FDNS officers stating that they are conducting random compliance checks “based on an administrative investigation.” Some employers have also experienced unannounced visits at company offices or even employee residences (if listed as a worksite). Officers typically ask about the company and the employee’s role, compensation, job duties, supervisors, and the nature of any end-client relationship.

Typical Questions and Information Requests

FDNS officers often pose detailed questions covering a wide range of topics. Examples of questions being posed to employers include:

• “Is H-1B EMPLOYEE an employee of H-1B EMPLOYER?”

• “What visa are you petitioning for H-1B EMPLOYEE?”

• “What is H-1B EMPLOYEE’s job title?”

• “How many years of previous experience are required for the position?”

• “How does H-1B EMPLOYER quantify experience?”

• “Does this experience have to be related to the job offer?”

• “Are there any special skills, licenses, or certifications required for the job?”

• “Who owns H-1B EMPLOYER?”

• “Does H-1B EMPLOYER provide products or services? If yes, what are they?”

• “What is H-1B EMPLOYEE’s estimated gross annual income?” (If different from the petition, an explanation is required.)

• “What is H-1B EMPLOYEE’s pay frequency?” (Weekly, bi-weekly, monthly, etc.)

• “Who is H-1B EMPLOYEE’s reporting supervisor at H-1B EMPLOYER?” (Name, email, phone number)

• “Who is H-1B EMPLOYEE’s reporting supervisor at the end client?” (Name, email, phone number)

• “What is H-1B EMPLOYEE’s work location?” (Name and address)

• “What is H-1B EMPLOYEE’s contact information?” (Phone number, personal and office email)

• “What is H-1B EMPLOYEE’s home address?”

• “What is H-1B EMPLOYEE’s work schedule?”

• “How did you come to hire H-1B EMPLOYEE?”

• “What are the hours of operation that H-1B EMPLOYEE works?”

• “How long has H-1B EMPLOYEE been working for H-1B EMPLOYER?”

• “What resources does H-1B EMPLOYER use to hire employees?”

• “What is the specific need for this position?”

• “What are the company’s hours of operation?”

• “How many employees do you have?”

• “What is the list of vendors from H-1B EMPLOYER to the end client?”

FDNS officers also need to verify that the beneficiary’s position, as described in the H-1B petition, actually exists and is being carried out. They may ask for evidence demonstrating that duties are of specialty occupation in nature and that the employee is performing those duties.

With employees, examples of questions being asked include:

• Basic information (email, phone, address, etc.)

• “What is your current role and day-to-day job duties?”

• “Who paid for the H-1B?”

• “Did your H-1B employer ask for money?”

• “How did you hear about the position/company?”

• “Did you pay money to be hired for this position?”

• “Who is your end-client?”

• “Who is your supervisor at your employer and at the end-client?”

Documents Commonly Requested

• Contract with the end client (if applicable), plus the name and contact information of a client point of contact

• Documentary proof or system screenshots showing how the beneficiary contributes to the project or job described in the petition

• A description of how the beneficiary is managed/supervised, how they were recruited, and whether any fees were collected from them

• Payroll records (such as paystubs, W-2s)

• The start date of the beneficiary’s employment, the date the beneficiary began this specific position, and any subsequent changes

• A withdrawal letter if the beneficiary no longer works at the company

• Bank statements for the beneficiary (sometimes requested if the beneficiary is still employed)

Key Takeaways for Employers

• Create a Clear Document Trail: Keep an organized record of petitions, labor condition applications (LCAs), support letters, payroll reports, and end-client contracts.

• Ensure Consistency: Verify that job duties, salary, and work location match the details in the petition. Any changes should be documented and, if needed, reflected in an amended petition.

• Designate a Primary Contact: Have a person ready to speak with FDNS officers or respond to their emails. This contact should know the petition details, the employee’s actual duties, and the company’s organizational structure.

• Speak with Counsel Beforehand: If contacted by USCIS or FDNS, consult an immigration attorney. Accurate, timely responses are important, yet it is wise to confirm the scope of information that should be shared.

• Train Employees: Alert them about potential visits, confirm their understanding of their own job responsibilities, and advise them to respond truthfully and consistently if approached.

Preparation makes a significant difference. Keeping thorough records and establishing protocols for site visits ensure that you are ready to provide evidence of compliance and maintain confidence throughout the process.

Next Steps

Reach out for tailored guidance on developing a thorough H-1B compliance strategy. A proactive approach can help ensure that your organization is prepared to respond promptly and effectively to any FDNS inquiries. Contact our office to discuss best practices, on-site training, or a complete audit of your H-1B program.