DNS Site Visits of H-1B Employers and the Impact of New H-1B Regulations

The U.S. Citizenship and Immigration Services (USCIS) has a department called the Fraud Detection and National Security (FDNS) Director that carries out unannounced visits to H- 1B employers. These visits are part of the government’s efforts to make sure companies are following the rules for hiring H1B workers and preventing fraud. Recent changes to H1B rules, effective January 2025, have impacted how these visits are conducted. With expectations that the government may increase enforcement under the Trump administration, it is important for employers to understand how these visits work and how to prepare for them.

What Happens During FDNS Site Visits?

FDNS site visits are unannounced checks by a USCIS officer to verify that the information in an H1B petition inaccurate. The officer may:

• Check the business is real: They will confirm the company exists at the address listed in the petition.
• Verify H1B employee’s work: They’ll check if the H1B worker is at the right location and doing the job described in the petition.
• Interview people: The officer may interview the H1B worker, HR staff, and supervisors.
• Review records: They might ask to see payroll, work schedules, and other paperwork to ensure the employer is following the rules.
• Check wages and working conditions: They will make sure the employee is being paid the required wage and that working conditions match what was promised in the petition.

The main goal of these visits is to prevent fraud and ensure H1B workers are being paid fairly and treated as promised.

How Employers Can Prepare for FDNS Site Visits

Employers should be ready for FDNS visits by taking these steps:

• Designate a contact person: Choose an HR person or immigration lawyer who knows the rules to handle the visit.
• Have documents ready: Make sure important documents like the Public Access File (PAF), payroll records, and work schedules are easily accessible.
• Allow interviews: Be ready to let the FDNS officer interview the H1B employee and others. The employee should be informed about the visit and prepared to answer questions honestly.
• Ensure consistency: The worksite, job duties, and salary of the H1B worker should match what was reported in the petition and the Labor Condition Application (LCA).
• Follow up if needed: If you get a Notice of Findings or a request for more information, respond quickly with the correct documents.

How the New H1B Regulations (Effective January 2025) Impact Site Visits

The new H1B regulations, which took effect in January 2025, have made FDNS site visits even more important. These changes include:

• More detailed worksite compliance: Employers may need to provide more information about work locations, including remote or hybrid work. FDNS officers can check multiple worksites.
• More focus on job duties: Site visits may now focus more on making sure the H1B worker’s job matches what’s listed in the petition, especially if the worker is placed at a third-party client’s site.
• More fraud detection: USCIS can now use advanced technology to spot mistakes or fraud in employer filings, which could lead to stricter penalties.
• Stricter wage checks: Employers may need to provide more proof of how they determined the wages for H1B workers, and the FDNS may carefully check compensation records to make sure the worker is paid fairly.

These changes highlight how important it is for employers to keep accurate records and stay updated with the latest rules to avoid trouble during a site visit.

Why the Public Access File(PAF) Is So Important

The Public Access File (PAF) is an important compliance requirement for H1B employers. It must be available for inspection during a site visit and should contain key documents, such as:

• The certified Labor Condition Application (LCA)
• A summary of the H1B worker’s wage rate
• How the wage was determined
• Proof of the prevailing wage source
• A notice to workers about the terms of the LCA

If the PAF is not complete or available, it can cause problems during a site visit, including penalties.

Best Practices for H-1B Employers

To prepare for a site visit and reduce the risk of non-compliance, H1B employers should:

• Audit your PAF: Regularly check that your PAF is complete and up to date.
• Keep accurate records: Ensure that records, including payroll and work location details, are accurate and organized.
• Train your HR team: Make sure HR staff know how to handle a site visit and what documents they need to provide.
• Inform H1B employees: Ensure workers know their roles, wages, and worksite details as listed in the petition.
• Stay organized: Keep records such as LCAs, employment agreements, and job descriptions in order.

With stricter H-1B rules, FDNS site visits are becoming more thorough. Employers need to be proactive in keeping accurate records, maintaining a complete PAF, and preparing for site visits. By staying prepared, employers can avoid penalties and continue to follow the rules in this changing regulatory environment.