International students in the United States and foreign workers working in American companies should be aware that administrative authorities may conduct unannounced site visits to collect information that could be considered fraud.
International students with F-1 study visas and foreign workers holding H-1B visas are subject to unannounced site visits by US authorities to check all of their relevant records.
Unannounced Site Visits
U.S. Citizenship and Immigration Services (USCIS) has the power to make surprise site visits to ensure H-1B and F-1 visa holders are following the US immigration laws.
Such unannounced site visits are conducted by the Fraud Detection and National Security Directorate (FDNS), which falls under the USCIS’s Administrative Site Visit and Verification Program (ASVVP).
In July 2009, USCIS started the Administrative Site Visit and Verification Program (ASVVP) as an additional method to verify information in certain visa petitions under scrutiny.
In 2017, USCIS launched the Targeted Site Visit and Verification Program (TSVVP) to take a more data-driven approach to petition verification. FDNS also administers TSVVP.
Under this program, FDNS officers are authorized to make unannounced site visits to collect information as part of a compliance review, which verifies whether petitioners and beneficiaries are following the immigration laws and regulations that are applicable in a particular case.
Any failure or refusal to cooperate with a site visit may result in the denial or revocation of the approval of any petition for workers.
Checks and Reviews
This process includes researching information in government databases, reviewing public records and evidence accompanying the petition, interviewing the petitioner or beneficiary, and conducting site visits.
Once the FDNS officers complete the site visit, they write a Compliance Review Report for any indicators of fraud or noncompliance to assist USCIS in final adjudicative decisions.
The purpose of a site visit is to verify the information that was provided in the petition with a review of an accurate and unrehearsed view of the work being performed.
For a site visit, an officer will verify the petition information and supporting documents, confirm the existence of the petitioning organization, review public records, review related documents, interview personnel about the beneficiary’s work details, and, if necessary, speak with the beneficiary or perform inquiries electronically.
To Whom It May Apply
In December 2024, the U.S. Department of Homeland Security (DHS) issued the final rule to modernize and improve the efficiency of the H-1B program, add benefits and flexibilities, and improve integrity measures.
These provisions mainly amend the regulations governing H-1B specialty occupation workers, although some of the provisions narrowly impact other nonimmigrant classifications, including: H-2, H-3, F-1, L-1, O visas among others. This final rule is effective January 17, 2025.