As part of their fraud detection and national security efforts, the Fraud Detection and National Security (FDNS) unit of USCIS conducts site visits to verify the authenticity of employment-based visa petitions. If you are an H-1B visa holder, an employer, or a petitioner, it is crucial to be prepared for these visits.

Common Questions Asked During an FDNS Site Visit

Employment Verification

• Can you provide a copy of your offer letter from your sponsoring employer?
• What are the start and end dates of your employment with your employer?
• Can you provide pay stubs for the last few months?
• Have you received any bonuses? If so, when and why?
• Can you show your W-2 tax forms for the past two years?
• Are you currently working at the location specified in your H-1B petition? If not, why?

Compensation Compliance and Legal Considerations

One major area of concern for FDNS officers is the structure of an employee’s salary and bonuses, especially in cases involving consulting companies. Some consulting firms use a percentage-based compensation model, where an employee’s salary or bonus is directly tied to the income derived from the end-client. This practice may be considered illegal, as it can be interpreted as a violation of employer-employee relationship requirements under immigration and labor laws.

Key Questions Related to Compensation

• Is your salary or bonus determined by a percentage of what the employer receives from the end-client?
• Have you received any bonuses based on the revenue generated by your work at the end-client site?
• How is your compensation structured, and does your employer guarantee a fixed salary?
• Are you paid on a W-2 or 1099 basis?

New FDNS Regulation – Mandatory Response Required

As of January 2025, FDNS regulations have changed, making it compulsory to respond to FDNS inquiries. Failing to provide requested documentation or ignoring site visit requests could lead to H-1B revocation or further legal consequences.

Work Location & End-Client Details

• Where are you currently working? (Employer’s office or end-client location?)
• Can you provide a copy of your work badge issued by the end-client?
• Who is your direct supervisor at your work location?
• Can you provide the contact details of your end-client supervisor or point of contact?
• Have you worked at any location other than the one mentioned in your petition? If so, when and why?

Job Duties and Project Details

• What are your primary job responsibilities?
• Can you list your daily tasks in bullet points?
• What tools, software, and platforms do you use in your role?
• Can you explain the nature of the project you are currently working on?
• What role do you play in the overall project?

Employer-Employee Relationship

• How often do you communicate with your employer?
• Who assigns your tasks, your employer or the end-client?
• How does your employer track your work?
• Do you receive performance reviews from your employer?
• How are you compensated, and who processes your payroll?

Additional Documentation Requests

• Can you provide an updated client letter detailing your job duties and location?
• Can you provide evidence of recent communications between you and your employer?
• Are there any additional contracts between your employer and the end-client?

How to Prepare for an FDNS Site Visit

1. Keep All Documents Ready
   • Maintain copies of your job offer letter, client letter, pay stubs, W-2s, and H-1B approval notices.
   • Have a clear record of employment dates and locations.
2. Be Consistent and Honest
   • Ensure that your answers match the information provided in your H-1B petition.
   • Do not guess or provide misleading responses.
3. Notify Your Employer
   • Your employer should be aware of potential site visits and should provide necessary support.
   • Employers should have relevant documentation, including contracts and work location details.
4. Understand Your Job Role
   • Be familiar with your job duties, tools, and technologies you work with.
   • Understand the nature of your project and how your work contributes to it.
5. Ensure Legal Compliance in Compensation
   • Do not enter into agreements where your salary is directly tied to what the employer receives from the end-client.
   • Ensure that your salary is structured as per legal wage determinations and employer obligations.
   • Seek legal advice if your compensation structure raises compliance concerns.

FDNS site visits are routine compliance checks to verify the legitimacy of employment-based visa petitions. With the January 2025 regulatory changes, it is now mandatory to respond to FDNS inquiries. Additionally, it is critical to avoid percentage-based compensation models, as they could be flagged as a violation of employer-employee relationship standards. If you are facing an FDNS visit or have concerns about compliance, contact Reddy Neumann Brown, P.C. at www.rnlawgroup.com for professional guidance and legal assistance.

Stay informed and stay prepared!

By : Rahul Reddy

Rahul Reddy, a seasoned lawyer in the realm of employment-based immigration, is the founding partner of Reddy Neumann Brown PC With an impressive career spanning over 28 years, he inaugurated the firm in 1997, bringing a wealth of knowledge and a unique perspective to the intricate landscape of immigration law.

Rahul’s understanding of the complexities inherent in the immigration system is vast and nuanced, making him an indispensable resource in this specialized field. This comprehensive expertise, coupled with his personal encounters with the immigration system, has imbued him with a profound empathy for his clients. Each case he undertakes is informed by this personal connection, as he understands the unique challenges and aspirations that drive individuals to navigate the immigration process.

Passionate and committed, Rahul is driven by a desire to assist others in realizing the quintessential American Dream. His mission, underpinned by years of professional experience and personal insight, remains focused on providing excellent legal support to those seeking employment-based immigration solutions.