U.S. Citizenship and Immigration Services (USCIS) began its Administrative Site Visit and Verification Program (ASVVP) in 2009. Under the program, site visits are conducted by the Fraud Detection and National Security directorate (FDNS) of USCIS. FDNS conducts site visits for religious worker petitions, H-1B petitions, and since 2014, L-1 petitions. (Administrative Site Visit and Verification Program (updated 10/30/14), USCIS, https://www.uscis.gov/aboutus/directorates-and-program-offices/fraud-detection-and-national-security/administrative-site-visit-and-verificationprogram.)

An employer that signs Form I-129 agrees that “any supporting evidence submitted may be verified by USCIS through any means determined appropriate by USCIS, including but not limited to, on-site compliance reviews.” FDNS site visits are voluntary, but it is strongly recommended that employers cooperate should one occur. Employers should also be advised to contact their immigration attorney immediately should an FDNS investigation take place. Though most site visits are unannounced and FDNS will not reschedule a visit to accommodate counsel, counsel is permitted to be present if logistically possible and might be permitted to participate via telephone.

Common Red Flags for FDNS Site Investigators:

• The beneficiary’s salary in pay statements does not match the amount stated in the petition.

• Reported income on the beneficiary’s Form1040 does not match the beneficiary’s salary, or the beneficiary reports as “self-employed.”

• The address of the beneficiary’s work location in the petition is not an actual work site.

• Virtual offices or empty offices without equipment are listed as the beneficiary’s place of employment.

• The beneficiary lacks a work email or work phone number.