In 2025, the U.S. Citizenship and Immigration Services (USCIS) continues to strengthen its oversight of employment-based immigration.
A key aspect of this effort involves worksite visits by Fraud Detection and National Security (FDNS) officers. These site visits are designed to verify that employers and foreign workers are complying with the terms of approved visa petitions. The USCIS site visits are generally unannounced inspections primarily to verify information provided in visa petitions and ensure compliance with immigration regulations. These visits are most associated with employment-based visa categories, such as H-1B, L-1, and religious worker visas, but they can occur in other contexts as well.
Through FDNS’ two main programs —the Administrative Site Visit and Verification Program (ASVVP) and the Targeted Site Visit and Verification Program (TSVVP), officers are authorized to conduct unannounced visits and interview personnel.
Why USCIS Conducts Site Visits
The USCIS launched the ASVVP in 2009 as a compliance initiative targeting employers’ worksites through random site visits. In 2017, the TSVVP was introduced to supplement the random model with a risk-based, data-driven approach. This program targets petitions that exhibit signs of fraud risk, including high volumes, unusual worksite arrangements, or prior compliance issues.
What Is a Compliance Review?
A compliance review is a fact-finding process used by the USCIS officers to assess whether the terms and conditions of a particular petition (whether approved or pending adjudication) are being followed. It is designed to verify the accuracy of petition data and to detect fraud or misuse of immigration programs. Reviews may take the form of:
- Unannounced in-person site visits
- Telephonic interviews
- Electronic communication or document requests
FDNS officers do not have the authority to approve or deny petitions. Instead, they collect information, document their findings in a report, and forward it to the USCIS adjudicators, who review the case and determine any further action.
What Happens During a Site Visit?
- Verification of business operations: The USCIS officers confirm that the business exists and is actively operating at the claimed location.
- Public records review: The officer examines your company’s website, registration, online presence, and other public data.
- Unannounced visit to the job site: The officer visits the address listed in the petition to observe working conditions and confirm accuracy.
- Interviews with HR or management: Officers speak with the staff to confirm job duties, hours, wages, and the location of the beneficiary.
- Interview with the beneficiary: If the foreign worker is available, they may be asked about their role, work environment, and employment terms.
- Request for documents: Officers may ask for copies of employment records, pay stubs, organizational charts, or client agreements—either during the visit or via follow-up correspondence.
If employers and personnel do not readily cooperate, or documents are not readily available, the USCIS may issue administrative subpoenas to obtain information.
Which Petitions Are Subject to Site Visits?
The USCIS does not inspect every petition. Instead, it targets specific categories under the ASVVP and TSVVP programs. Set out below are indicative lists of what may trigger site visits.
Petitions Reviewed Under ASVVP (Random Selection):
- Religious Worker Petitions (R-1 and immigrant): Site visits confirm that the sponsoring religious organization is legitimate and that duties align with religious purposes.
- H-1B Specialty Occupation Workers: Officers check if the foreign worker is performing the job duties described, receiving the appropriate wage, and working at the authorized location.
- L-1 Intracompany Transferees (Executives or Managers): The goal is to verify the legitimacy of the executive or managerial role and assess the organizational structure.
- EB-5 Immigrant Investor Petitions (pre-adjudication): The USCIS ensures that investment funds are lawfully sourced, at-risk, and used in ventures that create U.S. jobs.
Petitions Reviewed Under TSVVP (Targeted Selection):
- H-1B Workers (high-risk profiles): This includes cases with third-party placements, high volumes, or prior violations.
- L-1A Executives or Managers: The USCIS verifies if the managerial duties claimed are genuine and consistent with company hierarchy.
- H-2A Agricultural Workers: Officers assess housing, seasonal job requirements, and labor conditions.
- H-2B Seasonal Non-Agricultural Workers: These reviews confirm that the need for workers is temporary and that job terms are being met.
- Certain Spousal-Based Immigrant Petitions: Especially when red flags indicate a potentially fraudulent or non-bona fide marriage.
How are Petitions or Employers Selected for these visits?
ASVVP uses a random selection process, meaning any petition within its scope could be reviewed without cause. The intent is to conduct general compliance checks across a wide range of cases.
TSVVP, in contrast, employs a targeted review system, using petition data to detect irregularities or fraud indicators. This helps USCIS prioritize reviews based on potential risk.
What Happens If an Employer Doesn’t Cooperate?
In April 2024, the Department of Homeland Security implemented regulations that reinforce USCIS’ authority to conduct site visits. If an employer, foreign worker, or third-party client refuses to participate:
- The petition may be denied or revoked, especially in H-1B cases.
- The FDNS officer will document the refusal, and the site visit may be terminated.
- USCIS may take adverse action and could subject the employer to repeated inspections if they sponsor multiple workers.
After the Visit
After the inspection, FDNS submits a written report summarizing the visit, interviews, and any discrepancies observed.
A USCIS adjudicator then reviews the report and decides whether further action is necessary. If there are signs of fraud, misrepresentation, or material noncompliance, the matter may be escalated to Immigration and Customs Enforcement (ICE) for investigation.
How Employers Can Prepare
Before the Visit: Maintain clear, updated records for all visa petitions and supporting documents. HR and management should be briefed on what to expect during a site visit. Designate a knowledgeable point of contact to communicate with the USCIS.
During the Visit: Be professional and cooperative. Provide any requested documentation and ensure that someone familiar with the petition is available. If the foreign worker is present, they should be prepared to accurately describe their job duties and work location.
After the Visit: Respond promptly to any follow-up inquiries. Clarify any discrepancies with supporting evidence. Transparency and timely communication help avoid delays and negative outcomes.
Final Thoughts
USCIS site visits are an increasingly important tool for maintaining the integrity of the U.S. immigration system. Programs like ASVVP and TSVVP allow the USCIS to hold employers accountable and ensure that immigration benefits are not misused.
