USCIS Begins Conducting Worksite Visits Under FDNS Program

Attention employers with employees working in the United States on L-1 (intra-company transferee) visas: US Citizenship and Immigration Services (USCIS) has begun conducting worksite visits under its Fraud Detection and National Security (FDNS) site inspection program. This is an expansion of the site inspections routinely conducted by FDNS on companies who employ workers in H-1B (specialty occupation) status.

The L-1 visa allows foreign beneficiaries who have worked abroad at least one year in a managerial, executive, or specialized knowledge position to transfer to a related company (including a branch, parent, subsidiary, or affiliate) in the United States to work in a similar capacity.

The purpose of the worksite visit is to confirm compliance with the terms of the visa. In particular, the site inspectors will likely review work location, job duties, and the salary of the foreign beneficiary. The site inspector will likely speak with a human resources representative, the foreign beneficiary’s supervisor, and the foreign beneficiary. A tour of the worksite may also be conducted.

If you have any questions regarding worksite visits or other immigration-related matters, please contact the Arent Fox attorney with whom you work. Or, please contact Nancy A. Noonan with Arent Fox’s International Trade and Labor & Employment practice groups.