What to Do at a Site Visit

1. Be alert and aware of the possibility of a site visit at the beneficiary’s work location, even if the work location is at a third party worksite. It is important that H-1B/L-1 employers have policies and procedures in place in case of an FDNS inspection. Human resource departments, staff, and company signatories should be aware of the potential for unannounced site visits and should be prepared to follow the employer’s response plan.

2. Be 100% confident that everything included in the H-1B or L-1 petition is accurate.

3. Ask for and record the credentials of the inspector. The employer should record the name, title, and contact information of the inspector to ensure that any post-visit communications are directed toward the appropriate agent.

4. Make sure the person who signs the petitions (and/or their assistant) knows where to find copies of the petitions quickly and to the extent possible, to review those petitions before meeting with the inspector.

5. Remember that material changes to job duties, and in the case of H-1Bs, changes to work location, require amended petitions.

6. If there are discrepancies between pay stubs and the salary listed on the I-129 petition, be ready with a complete explanation. For example, some L-1 companies pay part of the beneficiary’s salary through the foreign employer, which is an acceptable practice.

7. Contact your attorney immediately if a site visit occurs.

8. Write a detailed description of what happened immediately after the visit.

9. If you are unsure of an answer to a question, ask for additional time and offer to follow-up with the officer, rather than guessing.