As US immigration enforcement intensifies across major cities, immigration attorneys are warning employers to prepare for unannounced inspections by the US Citizenship and Immigration Services’ Fraud Detection and National Security (FDNS) division, particularly under the H-1B and L-1 visa programmes.
Immigration attorney Sarah Monty-Arnoni from Employment & Litigation Partner at Monty & Ramirez LLP in Houston explained to Financialexpress.com that FDNS site visits are fundamentally different from regular H-1B compliance checks.
How are fraud inspections different from other checks?
While compliance checks are typically announced and form part of a formal investigation into whether an employer is following visa programme requirements, FDNS inspections are unannounced and focused specifically on detecting fraud. These visits are funded through the $500 anti-fraud fee paid by employers during the visa petition process.
“FDNS officers are not looking for minor paperwork errors. They are trying to determine whether the petition itself was truthful,” Sarah said.
According to her, FDNS inspections may be triggered randomly, by inconsistencies in a petition, or under newer rules, even by remote or home-worksite filings.
However, enforcement has sharply increased following the passage of the so-called “Big Beautiful Bill”, which allocated nearly $150 billion for border security and immigration enforcement.
While much of that funding is directed at border operations, it has also expanded resources for worksite investigations, leading to a surge in inspections in large metro areas such as Houston.
“The administration has made it clear it wants to remove or deport one million people, including those on work visas if violations are found,” she said.
What red flags do FDNS officers look for?
During inspections, FDNS officers look for specific red flags, including whether the worksite listed in the petition actually exists and matches the description provided to USCIS.
One common issue is front-desk or public-facing staff being unaware of foreign national employees, raising doubts about whether the employee genuinely works at the location.
Other major red flags include H-1B workers not performing the duties listed in the petition, not being present at the worksite, or not being paid the wage stated on the I-129 petition and Labour Condition Application.
How can employers be prepared?
To prepare, employers are advised to maintain a site inspection binder containing full petition copies, public access files, payroll records, and organisational charts for L-1 employees. Staff should also be trained on how to respond calmly and who to contact during an FDNS visit.
If discrepancies are found, consequences can escalate quickly. Cases may lead to petition revocation, referrals to the Department of Labor’s Wage and Hour Division, or, in serious situations, Immigration and Customs Enforcement (ICE) investigations.
“The biggest mistake employers make is not realising these visits can happen at any time,” Sarah warned. “The second is simply not being prepared,” she added.