Can a Company Receive More Than One Site Visit From USCIS?

Employers who sponsor foreign workers through visa petitions often wonder if they could be subjected to multiple site visits by U.S. Citizenship and Immigration Services (USCIS). The short answer? Yes, a company can receive more than one site visit, Here’s why this happens and what you need to know to stay prepared.

What Are Administrative Site Visits?

Administrative site visits are part of USCIS’s Administrative Site Visit and Verification Program, which aims to ensure compliance with visa petition requirements. Conducted by officers from the Fraud Detection and National Security Directorate (FDNS), these unannounced visits are intended to verify the accuracy of information provided in visa petitions.

During a site visit, officers may:

• Confirm the company’s physical location and operations.
• Verify job details and the presence of the sponsored employee.
• Review records, including payroll and employment documentation.

These visits are not punitive but are designed to verify compliance and identify potential fraud or misrepresentation in the visa process.

What Is a Compliance Review?

A compliance review is a detailed examination of a specific visa petition. FDNS officers conduct these reviews to ensure that:

1. The petitioner (employer) is adhering to the terms of the petition.
2. The beneficiary (visa holder) is fulfilling the role and responsibilities stated in the petition.
3. There are no signs of fraud or misrepresentation.

The review includes:

• Examining the petition and supporting documents.
• Conducting interviews with employers and beneficiaries.
• Reviewing the company’s public and internal records.

If the review raises concerns, the case may be referred to Immigration and Customs Enforcement (ICE) for further investigation.

Can a Company Receive Multiple Site Visits?

Yes, a company can receive more than one site visit from USCIS. Each compliance review focuses on one petition and beneficiary. If a company files a petition for different beneficiaries, USCIS may conduct a separate site visit for each beneficiary.

Employers are selected randomly for site visits, but having more beneficiaries increases the likelihood of multiple visits. Each visit is an independent verification of the information provided in a specific petition.

Additionally, Officers occasionally conduct multiple site visits if they need more information to complete a compliance review.

How to Stay Prepared

Multiple site visits can be challenging, but companies can minimize the risks by maintaining compliance and consistency across all their petitions. Here are key steps to take:

1. Maintain Accurate Records: Ensure that payroll, employment, and operational records are up to date and readily available.
2. Align Operations With Petitions: Verify that job duties, salaries, and employment conditions match what was stated in each petition.
3. Keep Financial Records Current: Ensure financial records are organized and aligned with the immigration business plan submitted with the visa petition. This helps demonstrate compliance with your original commitments to USCIS.
4. Monitor Your Online Presence: Ensure that your company’s online presence aligns with the details in your petitions, as officers often review this information before a site visit.

Why Compliance Is Crucial

USCIS site visits are not optional, and failure to comply with the terms of a visa petition can have serious consequences. Inconsistent records or discrepancies between the petition and actual operations can result in:

• RFEs (Requests for Evidence).
• NOIRs (Notices of Intent to Revoke).
• Potential visa revocations.

Protect Your Business With Expert Support

Our services are designed to help companies avoid these pitfalls:

• Immigration Business Plans: We craft thorough and realistic business plans tailored to USCIS requirements, ensuring alignment with your company’s actual operations.
• Bookkeeping Services: Our bookkeeping services focus on profitability and helping you maintain that profit. We monitor your financials quarterly to ensure they align with the projections in your business plan, and our services include one monthly meeting with the business owner to review the company’s financials and ensure everything is on track.

If you hold an employment-based visa, don’t leave anything to chance. Contact us today to ensure your business is prepared to meet USCIS standards and withstand multiple site visits with confidence.

The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.

Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.

Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.

At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.

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