Employer Guide: Responding to USCIS Site Visits or Compliance Audits
For U.S. employers who hire foreign workers under visa programs such as H-1B, L-1, or E-2, unannounced site visits and compliance audits from U.S. Citizenship and Immigration Services (USCIS) or the Fraud Detection and National Security (FDNS) division are becoming increasingly common. These reviews aim to confirm that the terms of employment and sponsorship are consistent with the information submitted in the visa petition.
At Sharma Law Associates, LLC, our New York immigration attorneys help businesses prepare for and respond to these investigations with confidence, ensuring continued compliance and protection of both the company and its sponsored employees.
Why USCIS Conducts Site Visits
Site visits are primarily designed to verify information in nonimmigrant visa petitions.
The most frequent targets include employers who sponsor foreign professionals under:
H-1B visas, for specialty occupation workers.
L-1 visas, for intracompany transferees.
E-2 visas, for investors or essential employees.
These reviews allow USCIS officers to confirm that:
The employee is working at the location listed in the petition.
Job duties, wages, and titles match those stated in the filing.
The employer maintains a legitimate business presence and operations.
While site visits are not disciplinary in nature, findings can trigger requests for evidence (RFEs), audits, denials or even revocations if discrepancies are found.
What to Expect During a Site Visit
Site visits often occur without prior notice. An FDNS officer may arrive at the company’s address, present identification, and ask to speak with a company representative or the foreign national employee.
During the visit, officers typically:
Verify the company’s address, signage, and operations.
Review the employee’s workspace, duties, and working conditions.
Request to see payroll records, organizational charts, or proof of business activity.
Ask questions about the employee’s role, manager, or reporting structure.
The officer may also photograph the premises and take notes for USCIS records.
How Employers Should Respond
Employers can avoid costly mistakes by responding calmly and consistently during a site visit.
Key steps include:
Designate a Point of Contact: Identify a company representative or HR manager authorized to meet with USCIS officers. Employees should know to direct all inquiries to that person.
Verify Identification: Always ask to see official USCIS credentials before providing information or access.
Be Cooperative but Careful: Provide truthful answers and requested documents, but avoid speculation. If certain information is unavailable, offer to provide it later in writing.
Document the Visit: Record the officer’s name, title, questions asked, and materials reviewed. Keep a copy of any documents provided.
Contact Legal Counsel: Notify your immigration attorney immediately. Our attorney can guide next steps, review potential compliance issues, and communicate with USCIS if follow-up is needed.
Common Mistakes to Avoid
Many employers unintentionally increase their risk by reacting impulsively or failing to maintain proper documentation.
Avoid these errors:
Allowing untrained employees to speak for the company.
Providing incomplete or inconsistent information.
Failing to update USCIS when employees change job titles, salaries, or work locations.
Ignoring a notice or follow-up request from USCIS after the visit.
Our New York immigration attorneys routinely assist employers in conducting internal compliance audits to ensure that all visa petitions and public access files meet federal requirements before any agency visit.
Protecting Your Company and Employees
Preparation is the best defense against compliance complications. Regular internal reviews, accurate recordkeeping, and clear communication with legal counsel can help your business remain compliant and avoid penalties or petition revocations.
At Sharma Law Associates, LLC, we help employers across New York develop proactive compliance programs and respond effectively when USCIS conducts site visits or audits.
Speak With an Immigration Attorney in New York
A USCIS visit can happen without warning. Having an experienced immigration attorney on your side can make all the difference. Contact Sharma Law Associates, LLC at 646-640-8508, reach us online, or schedule a personalized consultation on our calendar with a trusted New York immigration attorney to protect your business and ensure compliance with federal immigration regulations.
