FDNS site visits voluntary


In that same meeting [see here], U.S.C.I.S. confirmed that FDNS (Fraud Detection and National Security) Administrative Site Visit and Verification Program visits are voluntary[1]; that if the employer or employee declines to participate in the site visit, U.S.C.I.S. will terminate the site visit and update the compliance review report accordingly; that it will make an attempt to follow up on the compliance review by phone, email, or fax to verify the information on the petition and supporting documents; that a site visit is the fastest and easiest way to verify compliance; that the burden is on the employer to establish eligibility for the petition; and thus failure to provide information or evidence requested may delay a final decision or result in the denial or revocation of a petition. We believe that, even with all of the U.S.C.I.S. caveats, it is nice to know that the employer does have the option to decide not to go forward with FDNS’s site visit when unprepared, and that it can ask the officer to come back another day or go over compliance review by other means.

[1]FDNS site visits are generally made to verify compliance with H-1B and L-1 petition representations with officers asking to see documentation such as payslips and interviewing the petition beneficiaries, their colleagues and supervisors. They are unannounced and may occur at either an employer's principal place of business or employee worksite.

Reprinted with permission.

About The Author

Alan Lee, Esq. Alan Lee is a 30+ year practitioner of immigration law based in New York City holding an AV preeminent rating in the Martindale-Hubbell Law Director, registered in the Bar Register of Preeminent Lawyers, on the New York Super Lawyers list (2011-12, 2013-14, 2014-2015), and recognized as a New York Area Top Rated Lawyer. He was awarded the Sidney A. Levine prize for best legal writing at the Cleveland-Marshall College of Law in 1977 and has written extensively on immigration over the past years for Interpreter Releases, Immigration Daily, and the ethnic newspapers, World Journal, Sing Tao, Pakistan Calling, Muhasba and OCS. He has testified as an expert on immigration in civil court proceedings and was recognized by the Taiwan government in 1985 for his work protecting human rights. His article, "The Bush Temporary Worker Proposal and Comparative Pending Legislation: an Analysis" was Interpreter Releases' cover display article at the American Immigration Lawyers Association annual conference in 2004; his 2004 case in the Second Circuit Court of Appeals, Firstland International v. INS, successfully challenged INS' policy of over 40 years of revoking approved immigrant visa petitions under a nebulous standard of proof (its value as precedent, however, was short-lived as it was specifically targeted by the Bush Administration in the Intelligence Reform Act of 2004); and his 2015 case, Matter of Leacheng International, Inc., with the AAO set nation-wide standards on the definition of “doing business” for multinational executives and managers to gain immigration benefits.

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