Is your business ready for an FDNS site visit? The Office of Fraud Detection and National Security (FDNS) is an arm of United States Citizenship and Immigration Services (USCIS). As part of its directive, FDNS officers investigate petitioners who have filed L-1 and H-1B petitions.

FDNS officers may give advanced warning of a visit (usually less than 24 hours) or they may show up unannounced. Please ensure that your front desk person or representative is aware of these procedures in case of an unannounced FDNS visit. If the officer notifies you of an impending visit, please contact our office. The beneficiary should review the letter of support filed with USCIS for the sake of consistency in advance and be on site for the visit.

In the event of a site visit, please do not panic! These visits are fairly routine and do not indicate an issue or problem, as they are typically random.  The officer will be verifying the representations as made in the petition that was filed with USCIS, chiefly:

  • The U.S. business is operational;
  • The beneficiary is performing the duties as described in the letter;
  • The beneficiary’s reports as listed in the petition are reporting to the beneficiary.

Please take the following actions upon the officer’s arrival:

  • Politely confirm the officer’s identity by asking for their credentials and make a note of their name.
  • Ask the officer to take a seat in a conference room or other private area.
  • If the officer requests a tour of the office/facility, please accommodate them, although it is not required to offer a tour.
  • The beneficiary is not required to comment on anything aside from the officer’s direct questions.
    • If the officer asks a yes or no question, give a yes or no answer.
    • For other questions, respond as necessary but keep your answers relatively brief. If the officer wants more information, they will ask you.
  • The officer may ask about performance reviews written by the beneficiary as well as specifics about the individuals they supervise.
  • Refer the officer to the HR Manager or other senior company officer if necessary to address questions about the company formation or finances.
  • Contact us once the interview is over.
  • Respond promptly to any post-interview requests from the officer.

Please note that FDNS immigration officers are not responsible for making decisions on immigration petitions. The officer will prepare a “Compliance Review Report” which USCIS reviews if there are any significant concerns or signs of noncompliance.