Administrative Site Visit and Verification Program

FDNS immigration officers conduct compliance reviews to ensure that petitioners and beneficiaries are following the terms and conditions set forth in their petitions. This process includes reviewing the petition and supporting documents, researching information in public records and government systems, and, where possible, interviewing the petitioner, beneficiary, or third parties through unannounced site visits. Verification may be conducted in-person, telephonically, or electronically.

Failure to comply with a FDNS site visit, telephonic interview or electronic inquiry in the compliance review process could lead to adverse adjudicative actions. In certain cases, a refusal to participate may result in denial of a petition or revocation of a petition approval, if a petitioner, beneficiary, or, in certain circumstances, end client refuses to cooperate with FDNS. This is true in particular of H-1B petitions, where USCIS’ inability to verify facts, including due to failure or refusal of the petitioner, beneficiary, or third party to cooperate in an inspection or other compliance review, may result in denial or revocation of the approval of any petition for H-1B workers performing services at the location(s) that are a subject of inspection or compliance review, including any third-party worksites. See 8 CFR 214.2(h)(4)(i)(B)(2). FDNS immigration officers will terminate a site visit or telephonic or electronic inquiry if an individual expresses an unwillingness to participate. When this happens, the FDNS immigration officer will document the circumstances leading to termination of the site visit. USCIS would then notify the petitioner if adverse action is taken on a petition.

The following petition types are subject to ASVVP:

• Religious worker petitions, both immigrant and nonimmigrant
• H-1B specialty occupation worker
• L-1 intracompany transferee executive or manager
• EB-5 Immigrant Investor Program (before adjudication)

The following petition types are subject to TSVVP:

• H-1B specialty occupation worker
• L-1A intracompany transferee executive or manager
• H-2A temporary agricultural worker
• H-2B temporary non-agricultural worker
• Certain spousal-based immigrant petitions

FDNS uses a randomized process to select petitions for ASVVP site visits and a data-driven process to select petitions for TSVVP site visits.

For a site visit, an officer will conduct the following work and complete a report:

• Verify the information, including supporting documents, submitted with the petition;
• Verify that the petitioning organization exists;
• Review public records and information on the petitioning organization;
• Conduct an unannounced site visit at the work site;
• Review documents;
• Interview personnel to confirm the beneficiary’s work location, physical workspace, hours, salary and duties;
• Where applicable, speak with the beneficiary; and
• Where necessary, perform telephonic or electronic inquiries.

Before a site visit: Employers should always be prepared to present any information originally submitted with a petition. The immigration officer may also ask for additional information or documentation not originally submitted with the petition but that would be relevant to the petition.

During the site visit: Employers should immediately provide all readily available documents and information that the immigration officer requests.

After the site visit: Employers should provide all additional information that USCIS requests in any follow-up communication.

Employers might receive more than one site visit if they petition for more than one beneficiary.

Because FDNS immigration officers are not adjudicators, they do not make decisions on petitions or applications for immigration benefits. USCIS adjudicators review an FDNS officer’s report for any indicators of fraud or noncompliance. In addition, if FDNS determines that fraud indicators are present, it may refer the case to U.S. Immigration and Customs Enforcement for criminal investigation.