In recent years, the FDNS (Fraud Detection and National Security) unit has amplified its scrutiny to ensure businesses comply with USCIS immigration laws and practices by introducing a refined set of measures. This includes frequent site visits, offering FDNS officers broader authority to validate information and detect fraud to uphold the integrity of employment-based visa programs.
This change will directly impact businesses, especially those employing foreign workers on H-1B and other work visas.
This blog will outline the key aspects of optimizing your FDNS compliance management, providing a clearer understanding to help you stay ahead of the curve.
What Are FDNS Site Visits and Why Are They Conducted?
FDNS site visits are unplanned inspections conducted by the Fraud Detection and National Security (FDNS) unit of the U.S. Department of Homeland Security (DHS). These inspections are conducted randomly without prior notice and typically last around an hour. They are designed to validate the information mentioned in the petitions such as H-1B, L-1, and EB-1 to prevent potential fraud and maintain transparency.
Employers who have filed the petition for multiple beneficiaries may receive more than one site inspection. Each compliance review focuses on a single petition, and FDNS may randomly choose such employers for additional site visits.
During these visits, the FDNS officials assess:
- All sorts of information, including supporting documents submitted with the petition.
- Address of the organization.
- Public records and information on the organization that filed the petition.
- Employee’s work location, working hours, salary, and duties.
Also, the visit and verification program involve interviews with the employers, employees, and, in some cases, the beneficiary to validate all the details and ensure fair practices.
FDNS Site Visits: Challenges For H-1B Employers
With this significant increase in FDNS site inspections and authority, businesses and employers are at a heightened risk of failing to adhere to USCIS Immigration laws which can negatively affect their company’s management and workforce.
Some of the challenges H-1B employers might face are:
- Petition Denials: Non-compliance may result in the rejection of the H-1B visa, negatively affecting the company’s image.
- Operational Disruptions: Unprepared teams and unorganized documentation can hinder productivity, causing delays and confusion.
- Legal and Financial Penalties: Employer’s involvement in fraudulent activities, such as misinterpreting duties, salaries, and work location, can lead to legal and financial consequences.
- Miscommunication Risks: Inconsistent information and lack of clear documentation may lead to confusion and potential non-compliance.
FDNS Visits and the H-1B Final Rule: Latest Updates
- On December 18, 2024, the Department of Homeland Security (DHS) published a final rule effective from January 17, 2025, introducing major changes to the H-1B program.
- Employers will be required to use a new Form I-129, Petition for Non-immigrant Worker, for all H-1B petitions filed after the effective date. This form will be available on the USCIS website.
- DHS will expand FDNS site visit authority, allowing officials to inspect any location related to H-1B employment. Non-compliance can lead to petition denial or revocation.
The officials will now have the authority to more actively engage by conducting unannounced site visits and interacting with employers, employees, and other people of interest such as third-party contractors, immigration attorneys, HR personnel, and managers. Failure to abide by these laws can not only cause costly denials and fines but also damage to the organization’s image.
Preparing for FDNS Site Visits in 2025
- Conduct Internal Audits: Internal audits should be conducted regularly to ensure all employment practices are aligned with immigration laws. These audits will help your business determine any potential compliance gaps before an official FDNS site visit.
- Verify Officer’s Credentials: To ensure legitimate inspection and avoid scams, request identification, such as a government-issued ID or badge. It is important to confirm the officer’s identity and affiliation before proceeding with the investigation. In case of any uncertainty or confusion, you can also contact the relevant government authorities or agencies to verify the same.
- Train Employees: To facilitate transparent communication, a representative or an employee should act as the main source of contact, and if they are not available, a second representative should be present as well to avoid any confusion.
- Keep Documentation Systematically: Critical documentation such as wage records, job descriptions, and worksite details, should be stored in a secure centralized location that will allow the officials to easily access the information and documents such as H-1B applications, and I-797 approval notices should be easily available.
- Cooperate With the Officials: Cooperation will make site visits easier and more efficient for the officers and staff. Make sure to remain calm during the visits and avoid any unnecessary confrontation or conflict.
Moreover, addressing compliance concerns, and offering immediate help to the officials will help minimize risks and legal exposure.
After the site visit, USCIS evaluates the immigration officer’s compliance review report to check for any potential fraud or non-compliance and then FDNS may refer the case to U.S Immigration and Customs Enforcement for further investigation if necessary.
How does OnBlick help with FDNS Visits?
OnBlick’s innovative solutions empower organizations with comprehensive strategies that streamline compliance management, ensuring adherence to regulations while minimizing risks and protecting business integrity.
- Centralize Documentation: Securely store all essential documents, including Public Access Files for Labor Condition Applications (LCA), for easy access and audit readiness.
- Streamline Compliance: Track employee locations, duties, and wage levels in real-time to minimize discrepancies.
- Prepare for Site Visits: Conduct mock audits and train employees on potential questions from FDNS officers.
- Enhance Communication: Facilitate communication between employees and the employer during site visits through an in-app feature. Employees can easily report on the questions asked by FDNS officers and record their responses through the ESS portal.
- Track and Maintain Records: Monitor all FDNS site visits within the OnBlick platform for better insights and improved compliance management.
Conclusion
FDNS has increased its site visits and expanded its authority to ensure regulatory compliance and eliminate fraudulent activities, ensuring proper practices are followed. Once optional, these site visits are now a necessity. Employers may be visited by the FDNS officials more than once if they filed the petition for multiple beneficiaries.
It is important to have a robust compliance management system tailored to the evolving needs of businesses facing FNDS site visits. Before a site visit, employers should be prepared to provide all sorts of important documentation and assistance. During the visit, they must readily provide all available information, and after the visit, they should submit any additional information that the officials may ask for in follow-up communication.
Compliance isn’t just about avoiding penalties; it’s about protecting your business’s long-term success. OnBlick helps employers ensure alignment with USCIS regulations, safeguarding their business and fostering a compliant and ethical workplace.
Make your FDNS and H-1B compliance effortless with OnBlick! Schedule your free demo today.
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