Best Practices for Employers Facing USCIS Site Visits for H-1B and L-1 Employees
In today’s global workforce, companies depend heavily on top international talent to remain competitive. However, when hiring foreign nationals under H-1B or L-1 visas, employers must be prepared for one increasingly common part of the compliance process: unannounced U.S. Citizenship and Immigration Services (USCIS) site visits.
At Sharma Law Associates, LLC, we help employers across the country—especially in highly regulated markets like New York—prepare for these visits with confidence. Below are the best practices to ensure your organization is ready, informed, and compliant.
Why Does USCIS Conduct Site Visits?
The Fraud Detection and National Security (FDNS) Directorate of USCIS conducts site visits to verify the legitimacy of employment and ensure compliance with the terms of visa petitions.
These visits often focus on:
Confirming the H-1B or L-1 employee is working at the listed location.
Verifying job duties and salary match the petition.
Ensuring the employee is working under appropriate supervision.
Investigating any discrepancies or prior concerns flagged by USCIS.
Best Practices for Employers
Site visits typically involve questions directed to HR, managers, and the employee. USCIS may review employment records, organizational charts, and even take photographs of the workspace.
Having a clear understanding of what officers are allowed to ask—and how to respond appropriately—can make all the difference.
That includes:
· Designating a Point of Contact
Designate a knowledgeable HR representative or compliance officer to handle any site visit. This person should be well-versed in the details of all filed petitions and know where to find supporting documentation quickly.
· Keeping Records Updated and Accessible
Ensure all documentation filed with USCIS is accurate and matches internal records, including:
Job titles and duties.
Salary information.
Work locations.
Organizational charts.
Corporate structure and ownership.
Any discrepancies can raise red flags and potentially lead to further investigation or denial of future petitions.
· Preparing the Employee
Employees should be briefed on what to expect if they are approached by a USCIS officer. They should feel confident answering basic questions about their role, duties, and work location—but also be advised to refer the officer to the designated company contact for anything beyond the scope of their knowledge.
· Maintaining LCA and Public Access Files
For H-1B employees, Labor Condition Applications (LCAs) and public access files must be maintained and readily accessible. These files must contain required information such as prevailing wage documentation, posting notices, and summaries of benefits offered.
· Conducting Internal Audits
Regular internal audits of your immigration practices help identify potential issues before USCIS does. A proactive approach reflects well during site visits and supports long-term compliance.
How Sharma Law Associates, LLC Can Help
Under the H-1B modernization rule, it is now mandatory for employers to participate in the FDNS visit. Hence, it is even more important to be in compliance. As a New York business immigration law firm dedicated to integrity, commitment, and legal excellence, Sharma Law Associates, LLC, works closely with corporate clients to implement clear compliance strategies. Our team provides tailored legal advice and site visit preparation services that help employers confidently meet USCIS expectations while continuing to grow their global workforce.
If you need help preparing for a USCIS site visit or want to audit your current H-1B and L-1 compliance practices, contact Sharma Law Associates, LLC at 646-846-4221, online, or schedule an appointment on our calendar for a personalized consultation.
