USCIS conducts random and unannounced onsite inspections overseen by the Office of Fraud Detection and National Security (FDNS). FDNS’ primary mission is to detect, deter, and combat immigration benefit fraud. This means that private investigators, the Department of Labor and/or Department of Homeland Security may visit any H-1B employers, unannounced, to verify that H-1B employee is actually working at location listed in the petition, performing the work as outlined in the H-1B petition and being paid the wage contracted in the LCA. The officers may question the H-1B employee’s immediate supervisors, managers, even the receptionist and the employee him/her-self. Employers should be prepared to demonstrate where the Public Access File (PAF) documents are available and answer questions related to the information declared in the H-1B petition and the employee’s relationship to the company.
