Imagine this: A federal officer appears unannounced at your office, asks to speak with your HR manager, tours your workspace, and requests a private interview with a foreign national employee — all without prior warning. This is not hypothetical. It is the reality of USCIS FDNS site visits, and for employers sponsoring H-1B, L-1, R-1, or EB-5 workers, it can happen any business day.

At CTM Legal Group, we believe preparation is the best protection. This 2025 employer guide explains everything you need to know about the USCIS Administrative Site Visit and Verification Program (ASVVP) — what it is, which employers are at risk, what to expect during a visit, and seven concrete steps to protect your business.

What Is the USCIS Administrative Site Visit and Verification Program (ASVVP)?

The Administrative Site Visit and Verification Program (ASVVP) is a federal compliance initiative operated by the Fraud Detection and National Security Directorate (FDNS) — a division of U.S. Citizenship and Immigration Services (USCIS). Launched in July 2009, the ASVVP was created to verify that information submitted in immigration petitions accurately reflects actual employment conditions.

In 2017, USCIS supplemented the ASVVP with the Targeted Site Visit and Verification Program (TSVVP), which uses a risk-based, data-driven model to identify higher-risk petitions rather than relying solely on random selection.

Together, the ASVVP and TSVVP form the primary employer-facing enforcement arm of USCIS. Under both programs, FDNS immigration officers conduct unannounced site visits to collect information, interview personnel, and verify that the conditions described in a petition match reality on the ground.

Which Employers Are Subject to USCIS FDNS Site Visits?

Site visit coverage is broader than many employers realize. The following petition categories are currently subject to ASVVP and TSVVP inspections:

Petition Types Subject to ASVVP (Random Selection)

• H-1B Specialty Occupation Workers — Officers verify that the foreign worker is performing the duties described in the petition, receiving the prevailing wage, and working at the authorized location listed in the Labor Condition Application (LCA).
• L-1 Intracompany Transferees (Executives and Managers) — Site visits confirm the legitimacy of the claimed executive or managerial role and verify the petitioning company's actual organizational structure.
• Religious Worker Petitions (R-1 and Immigrant Religious Worker) — Officers confirm the sponsoring religious organization is legitimate and that the worker's duties align with a bona fide religious purpose.
• EB-5 Immigrant Investor Program — Visits verify that the investment project exists as described and that required job creation is occurring.

Petition Types Subject to TSVVP (Targeted / Risk-Based Selection)

The TSVVP targets petitions that exhibit elevated fraud risk signals, including:

• High-volume petition filers (staffing companies, IT consulting firms)
• H-1B workers placed at third-party client worksites not disclosed in the petition
• Prior compliance issues, fraud referrals, or FDNS inquiry history
• Statistical anomalies or inconsistencies flagged during petition review

Visa Categories Generally NOT Covered

O visa holders, TN status workers, and employment-based green card (I-140) filings are generally not subject to ASVVP or TSVVP site visits. However, employers actively sponsoring H-1B, L-1, R-1, or EB-5 workers should treat a site visit as a real and ongoing possibility.

USCIS Site Visit Compliance Is Now Mandatory for H-1B Employers

For years, participation in ASVVP site visits was technically voluntary. FDNS officers would end a visit if an employer or beneficiary declined to cooperate, and formal consequences were limited.

That changed on January 17, 2025, when a DHS final rule (issued December 18, 2024) took effect, codifying USCIS's site visit authority and imposing mandatory compliance obligations on H-1B petitioners.

H-1B site visit compliance is no longer optional — it is a legal obligation tied directly to the validity of your sponsorship. Employers should update their internal protocols immediately to reflect this new standard.

What Does a USCIS FDNS Site Visit Actually Involve?

Knowing what to expect before the officer arrives is one of the most important things an employer can do. Here is a detailed walkthrough of the process.

Phase 1: Pre-Visit Research

FDNS officers typically complete background research before appearing on-site, reviewing the petition and supporting documents, examining your company's website and registration records, and querying USCIS internal databases and public government records. By the time an officer arrives, they often already know what they are looking to verify.

Phase 2: The Unannounced On-Site Inspection

Visits may occur at your principal place of business or any third-party worksite listed in the petition or LCA — without advance notice. The FDNS officer will typically:

• Confirm the physical existence of the business at the claimed location
• Photograph the workspace and office environment
• Review petition documents and compare them to observed conditions
• Interview HR personnel, supervisors, or the signatory official on the petition
• Request a private interview with the sponsored foreign national employee

Phase 3: Employee Interview

The FDNS officer often seeks to interview the sponsored worker outside the presence of the employer's representative. Common questions cover the employee's actual job title and daily duties, work location and hours, salary and benefits, educational background, and personal details such as home address.

Phase 4: The Post-Visit Report and Its Consequences

After the inspection, the officer submits a Summary of Findings (SOF) to a USCIS Immigration Services Officer (ISO), who determines the next step:

• No further action (case closed)
• Issuance of a Request for Evidence (RFE)
• Initiation of denial or revocation proceedings
• Referral to ICE for criminal investigation if fraud indicators are present

Why Does USCIS Conduct Site Visits? Common Fraud Patterns They Target

Understanding what FDNS is looking for helps employers identify and correct vulnerabilities proactively. Site visits are designed to detect:

• "Ghost employees" — Beneficiaries listed in a petition who are not actually employed by the petitioner
• Wage fraud — Paying foreign workers below the LCA-required prevailing wage
• Unauthorized worksites — H-1B workers performing services at client locations not disclosed to USCIS
• Job duty misrepresentation — Workers performing duties that do not qualify as a specialty occupation as described in the petition
• Shell company fraud — Petitioning entities that do not genuinely exist or operate as represented
• Religious worker fraud — Organizations claiming religious status without a bona fide religious mission or program

USCIS selects approximately 20,000–25,000 H-1B petitions per year for random ASVVP site visits. The TSVVP targets additional petitions through risk-based criteria. For companies with high petition volumes or third-party placement arrangements, the likelihood of a visit is meaningfully elevated.

How to Prepare for a USCIS Site Visit: 7 Steps Every H-1B Employer Should Take

The best time to prepare for a USCIS site visit is well before one occurs. Here is CTM Legal Group's recommended seven-step compliance framework:

Step 1: Build and Maintain a Complete Compliance File

Keep a secure, organized file for every sponsored worker containing all USCIS petitions (Form I-129, Form I-140, etc.) and supporting documentation, approved Labor Condition Applications (LCAs) and public access files, payroll records proving payment of the prevailing wage, current job descriptions and organizational charts, and documented evidence of each employee's authorized work location and workspace.

Step 2: Train Your Receptionist and Front Desk Staff

The first person an FDNS officer encounters sets the tone for the entire visit. Your front desk staff should be trained to ask for the officer's credentials and business card, refrain from answering substantive questions before reaching your designated HR contact or immigration counsel, note the officer's name, agency, and arrival time in writing, and never physically obstruct or deny access.

Step 3: Designate a Site Visit Point of Contact

Assign one trained employee — typically in HR or legal — as the single internal contact for FDNS visits. This person should be reachable during all business hours, know exactly where petition files are stored, be trained to accompany the officer throughout the visit, and be authorized to call immigration counsel immediately.

Step 4: Brief Your Sponsored Foreign National Employees

Foreign national workers should understand that an FDNS visit may occur and know how to respond. Share a copy of their petition so they are aware of what duties, wages, and conditions were represented to USCIS. They should answer all questions truthfully and concisely, refrain from volunteering information not specifically asked for, and know they may request that an employer representative be present during questioning.

Step 5: Prepare Client and Third-Party Worksites

If any of your H-1B employees work at a client's facility, that site is also subject to a USCIS visit. Notify your client contacts in advance, provide written instructions on how to respond if an FDNS officer arrives, and ensure they know to contact you immediately before engaging with the officer.

Step 6: Conduct Periodic Internal Compliance Audits

Don't wait for USCIS to find discrepancies — find them first. Regular compliance reviews should confirm that each employee's actual duties still match the specialty occupation described in the petition, wages remain at or above the LCA-required prevailing wage, work locations are accurately reflected in filings, and any organizational changes or worksite moves have been addressed through amended petitions where required.

Step 7: Have Immigration Counsel On Call

Although site visits are unannounced, you are entitled to have your immigration attorney participate — in person or by telephone. If an FDNS officer arrives, your first call should be to CTM Legal Group. Our immigration attorneys can guide your staff through the visit in real time, ensure all questions are answered appropriately, and protect your legal interests throughout the process.

Quick Reference: USCIS Site Visit Do's and Don'ts

Frequently Asked Questions About USCIS Site Visits

What is the USCIS Administrative Site Visit and Verification Program?

The ASVVP is a USCIS compliance program run by the Fraud Detection and National Security Directorate (FDNS). Started in 2009, it uses unannounced site visits to verify that information in immigration petitions — particularly for H-1B, L-1, R-1, and EB-5 workers — accurately reflects actual employment conditions.

Can my company refuse a USCIS FDNS site visit?

As of January 17, 2025, H-1B employers who refuse to cooperate risk denial or revocation of their H-1B petitions under 8 CFR 214.2(h)(4)(i)(B)(2). While site visits for other visa categories technically remain voluntary, non-cooperation is strongly discouraged and can trigger adverse action and future targeted inspections.

How many USCIS site visits happen each year?

USCIS selects approximately 20,000 to 25,000 H-1B petitions per year for random ASVVP site visits. Additional petitions are selected through the TSVVP based on fraud-risk indicators, meaning the total number of annual site visits is significantly higher.

Can a USCIS officer arrest my employee during a site visit?

No. FDNS immigration officers are not law enforcement officers and do not have arrest authority. Their sole function is fact-finding and documentation. However, if an FDNS officer discovers indicators of fraud or criminal conduct, they may refer the case to Immigration and Customs Enforcement (ICE) for a separate criminal investigation.

Do USCIS site visits apply to H-1B workers at client sites?

Yes. FDNS officers can conduct site visits at any location where the H-1B worker performs services — including third-party client worksites listed in the petition or Labor Condition Application. Under the 2025 rule, refusal to cooperate at a third-party worksite can also result in petition denial or revocation.

DISCLAIMER: This blog post is provided for general informational purposes only and does not constitute legal advice. Immigration law is complex and fact-specific. Always consult with a qualified immigration attorney regarding your specific circumstances. Last updated: May 2026. © 2026 CTM Legal Group. All rights reserved.