USCIS has confirmed that the Office of Fraud Detection and National Security (FDNS), established in 2004, is now operational, with over 650 officers throughout the U.S. and in selected offices overseas. This office was created to "enhance the quality, integrity, and security of the U.S. legal immigration system." Its primary mission is to "detect, deter, and combat immigration benefit fraud and to strengthen USCIS´ efforts aimed at ensuring benefits are not granted to persons who threaten national security or public safety."

The Fraud Detection Branch is charged with oversight of USCIS anti-fraud operations. FDNS officers are now involved in "information gathering" and are given authority to conduct employer site visits, without prior notice. They may want to collect information on pending or approved nonimmigrant or immigrant visa applications. While officers have discretion to contact attorneys of record prior to the site visit, an unannounced visit appears to be the norm across the country.

While many of these visits have been limited to gathering information on pending or already approved H-1B petitions, it is expected that other types of petitions will follow. H-1B site visits reported by employers have included requests to review personnel files of all persons holding same/similar positions to the approved or pending H-1B petition, to determine whether they all had the minimum requirements stated on the H-1B support letter.

In some cases, they are looking to verify whether (1) the company is a real operating business entity and (2) the person being sponsored is a "legitimate" employee. Issues with confirmation of date of hire, title, work location and salary can be reviewed.

There have been many instances of FDNS officers arriving unannounced. Therefore you may wish to consider notifying your front desk/receptionist who to contact within the company in the event of a visit. We would also appreciate being advised.