Immigration site visits by FDNS (Fraud Detection and National Security) officers are becoming increasingly common, especially for H-1B visa holders. These visits aim to verify employment and wage information but can also put visa holders at risk of revocation or fraud findings if not handled carefully. Understanding your rights and the role of legal assistance is crucial to safeguarding your immigration status. This article provides a detailed analysis of FDNS site visits, their implications, and practical advice for immigrants.
Key Takeaways
- FDNS site visits are voluntary, but refusal can trigger scrutiny.
- Anything you say during a site visit can be used against you; silence and legal counsel are your best protection.
- FDNS officers are contractors with no authority to revoke visas—only USCIS Service Centers can do that.
- Legal representation during site visits is essential to understand potential risks.
- Site visits focus on verifying wages and work location but often involve intimidation tactics.
- Keeping your immigration attorney involved in all communications protects your rights.
Context
The FDNS was created after the 2003 Homeland Security Act, which split the former INS into separate agencies to prevent concentration of immigration enforcement and adjudication powers. FDNS was established as an internal investigative arm of USCIS, expanding rapidly since 2018 to conduct site visits aimed at detecting fraud and verifying compliance with visa terms. While intended to improve enforcement, the approach has raised concerns due to increased visa revocations and fraud findings based on minor discrepancies or miscommunication, underscoring the importance of understanding one’s rights during such visits.
Understanding FDNS Site Visits and Their Purpose
FDNS site visits are inspections carried out by officers or contractors to verify that visa holders and their employers comply with the terms of visa petitions, particularly focusing on wage payments and work assignments. These visits can occur at workplaces or residences and are often initiated shortly after visa approval. While participation is officially voluntary, refusal to cooperate may increase suspicion and trigger further investigation. The visits are conducted by contractors motivated by the number of visits they complete, which may lead to pressure on visa holders to provide information quickly.
FDNS site visits verify visa compliance but carry risks due to contractor incentives and mandatory documentation requests. Participation is voluntary but often pressured.
The Rights of Visa Holders During FDNS Site Visits
Visa holders have critical rights during FDNS site visits, including the right to remain silent, the right to legal counsel, and the right to channel all communications through their attorney. FDNS officers do not have the legal authority to revoke visas; only USCIS Service Centers can do so based on substantial evidence. Individuals should refuse entry into their homes or offices beyond public areas unless invited, avoid sharing electronic devices or wage-related documents directly, and insist on legal representation at every step. Remaining silent and providing minimal information protects against misinterpretation or fraud allegations.
Visa holders are protected by legal rights during FDNS visits but must exercise caution and involve attorneys to avoid jeopardizing their status.
The Role and Importance of Immigration Attorneys in FDNS Site Visits
Legal counsel plays an indispensable role in understanding the complexities of FDNS site visits. Attorneys serve as the communication bridge between the visa holder and the agency, ensuring that any information provided is accurate and strategic. They can challenge unreasonable deadlines, prevent coercion, and help build a robust administrative record if revocation proceedings begin. Attorneys also instruct visa holders on how to respond—or not respond – to FDNS inquiries, drastically reducing the risk of inadvertent self-incrimination or fraud findings. Their involvement is vital in protecting the immigrant’s rights and long-term status.
Immigration attorneys are essential advocates during FDNS site visits, preventing mistakes and ensuring procedural fairness.
Practical Strategies for Handling FDNS Site Visits
Visa holders should be proactive in handling FDNS visits by always carrying a copy of the G-28 form, which designates legal representation. If contacted unexpectedly, individuals should avoid answering substantive questions, provide only the attorney’s contact information, and promptly forward all communications to their legal counsel. Updating USCIS with address changes using the AR-11 form is critical, especially within metropolitan areas, to avoid unnecessary site visits at outdated addresses. Do not allow FDNS officers to access private spaces or electronic devices, and avoid voluntary participation in interviews. These strategies reduce the chance of adverse outcomes.
Preparedness, legal representation, and cautious communication form the best defense during FDNS site visits.
Addressing Common Concerns and Misconceptions
Many immigrants fear that refusing to participate in a site visit automatically leads to visa revocation. However, revocation requires evidence and must follow formal procedures governed by administrative law. FDNS officers cannot unilaterally revoke visas. Another misconception is that wage discrepancies affect visa status; legally, visa status is independent of pay, although USCIS sometimes misuses this to revoke status. Educating visa holders on these facts helps reduce fear and empowers them to act prudently. Lastly, understanding that FDNS visits currently target mostly H-1B visa holders helps clarify who should be most vigilant.
Misconceptions about FDNS authority and wage issues can cause undue fear—knowing the facts enables better protection.
Conclusion
FDNS site visits present significant challenges for immigrants on work visas but knowing your rights and having legal support can safeguard your status. Participation in these visits is voluntary, and silence paired with attorney involvement is the strongest protection. Visa holders should never engage with FDNS officers without legal counsel and must maintain vigilance about their communications and living/work arrangements. Immigration attorneys provide critical guidance in this complex environment, ensuring clients avoid costly pitfalls. Staying informed and cautious is the best way to understand FDNS site visits confidently.
Frequently Asked Questions
Do I have to participate in an FDNS site visit?
No, participation is voluntary, though refusal might lead to increased scrutiny.
Can FDNS officers revoke my visa on the spot?
No, only USCIS Service Centers have authority to revoke visas based on evidence.
What should I do if an FDNS officer shows up at my home?
You do not have to allow them entry. Politely refuse and provide your attorney’s contact info.
Is it safe to talk to FDNS officers without a lawyer?
It is strongly advised not to talk without legal counsel as anything you say can be used against you.
What documents can FDNS officers request?
They often ask for wage records and proof of work location, but you should only provide documents through your attorney.
How does legal representation help during an FDNS site visit?
Attorneys protect your rights, manage communication with FDNS, and prepare defenses if issues arise.
Authors: Jonathan Wasden & Justin Rivera, Immigration Attorneys