With the Trump administration’s focus on immigration enforcement, an unannounced workplace visit from authorities is more likely than ever. There are several reasons that an employer could receive an unannounced visit from Immigration and Customs Enforcement (ICE) or the Fraud Detection and National Security (FDNS) unit. A visit from ICE is sometimes referred to as a workplace “raid” and is targeted at employers who hire undocumented workers and at the workers themselves. Media coverage often accompanies ICE raids, along with images of undocumented workers being led out of the workplace in handcuffs. In contrast, as its name suggests, the FDNS unit is charged with finding fraud within the legal immigration system by verifying that the information employers provide with visa petitions is accurate and valid and that sponsored workers are complying with the terms of their admission. This column will focus on FDNS visits and provide process and best practice recommendations.

FDNS has been making employer site visits for several years, focusing principally on H-1B visa (a numerically limited specialty occupation visa that permits U.S. employers to hire foreign workers with a related bachelor’s degree or equivalent into a job requiring that degree) employment. In 2014, the agency expanded the program to include site inspections of L-1A (multinational transferees) employers. There are indications that the Trump Administration plans to expand FDNS inspections in the coming months and to broaden the program to other types of employment-based immigration categories beyond the H-1B and L-1A.

Why Does USCIS Make Visits?

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