USCIS Site Visits & Audits: What Employers Must Know

Regulatory scrutiny around immigration compliance is intensifying. US government agencies now routinely conduct surprise visits for a range of work visa types from H1-Bs to L1s, TNs, and O-1s.

Whether you have a traditional office setup or a virtual workspace, businesses must be ready to ensure visits go smoothly.

But even the most compliance-oriented teams may be caught off guard. Compliance involves a lot of fine details, and one small mistake or oversight could trigger serious consequences. Under these circumstances, it’s no surprise 75% of US employers expect immigration to significantly impact their business.

Deel Immigration has assisted thousands of workers through the US visa and immigration process and beyond. We understand the challenges of ongoing compliance in a turbulent regulatory landscape and want to share our expertise.

Read on to understand how to prepare for USCIS site visits and audits, minimize the disruption, and support your team throughout the process.

What are the different types of US immigration inspections?

Several US government agencies conduct immigration-related visits to employers, each with a different focus. Here are the three main types of inspection and what they involve:

US Citizenship and Immigration Services (USCIS) random site visits

USCIS conducts random checks under its Administrative Site Visit and Verification Program (ASVP) to ensure US employers are meeting the conditions for H-1B and L-1 work visas. They also verify EB-5 applicants before a final decision is made.

The Fraud Detection and National Security Directorate (FDNS) administers this program and carries out inspections. It’s an official division of USCIS, not law enforcement officers, as the name might indicate.

USCIS visits are routine and administrative, but rarely announced. If your business sponsors a worker for any of these visa or immigration categories, they could be subject to a surprise inspection at any time.

USCIS targeted inspections

USCIS also arranges visits under the Targeted Site Visit and Verification Program (TSVVP). These inspections are based on data and focus on businesses at high risk for fraud and abuse, such as those with a high number of foreign employees.

TSVVP applies to more visa categories than the ASVP:

• H-1B
• L-1A
• H-2A
• H-2B
• Some dependent visas

Aside from the different names and extra visa categories, TSVVP inspections follow the same process as random AVSP checks.

I-9 audit

Immigration and Customs Enforcement (ICE) regularly conducts I-9 audits to confirm that employees are authorized to work in the United States. Any employer—whether or not they’ve hired foreign nationals—can be subject to inspection.

While these audits are typically administrative, they’re not always random. ICE may act on complaints, tip-offs, or discrepancies in records.

Employers usually receive advance notice and are given three business days to prepare for an official documentation review and potential requests for additional information.

What immigration visits and audits are designed to verify

Generally speaking, inspections check that the information in your visa petition is correct and your business is complying with all the relevant visa conditions and immigration laws.

Officials verify this by checking the following:

• Business legitimacy: Your organization exists and operates as claimed in the petition
• Petition accuracy: All the details about the job match the description in the visa or immigration petition, namely the job title, responsibilities, location, physical workspace, working hours, and compensation
• Employee eligibility: The individual is who they claim to be and has the qualifications and experience required for the work visa
• Regulatory compliance: Your business has all the right paperwork, such as I-9 forms, Public Access Files (PAFs), and Labor Condition Application (LCA) posting, to demonstrate it’s meeting legal requirements

Ultimately, US officials want to see that your company is fulfilling its commitments to employees and that nothing has changed since the petition was approved that would affect the validity of the visa.

For example, USCIS requires employers to pay H-1B employees the prevailing wage for their jobs to ensure fairness to US and foreign workers. Officials may check payslips and payroll records and hold interviews with employees to ensure you’re meeting this obligation.

What happens during USCIS site inspections

Visits from the FNDS typically follow the same process. Here’s what to expect and how you should respond at every stage:

• FDNS arrival: Before you let the officials inside, you must ask to see their government credentials to ensure their visit is legitimate. Ensure you document their name, number, and the employee under review for easy reference
• Reception: You may decline the visit, but it’s best not without extremely good cause. USCIS has the right to deny or revoke your workers’ visa petition if you terminate the inspection
• Initial interview: FDNS may ask to speak to your petition signatory or HR lead. You may designate a trained point of contact to liaise with them and answer their questions. If you don’t know the answer to anything, avoid speculation — say you’ll follow up with the FDNS when you have the information
• Documentation: You’re required to present any documentation the FDNS official asks for, including the foreign worker’s current contract, organizational charts, and payroll records. If papers or information aren’t readily available, you can request time to respond
• Staff interviews: FDNS usually asks to speak with the foreign worker under review. You may have a company representative present to act as a witness, provide support to the employee, and help them answer questions
• Worksite tour: Officials may tour your premises and take photographs. You can request that they refrain from inspecting privileged areas unrelated to the employee’s role

FDNS officials pass their findings to USCIS adjudicators for review. If they find evidence of fraud, abuse, or non-compliance, they may open a criminal investigation.

But if USCIS is satisfied with the inspection results, they won’t take any further action. You won’t hear from them again unless they come to check other foreign nationals in your employ.

How a visit to a remote worker compares

FDNS may arrive at your employees’ homes unannounced if they work remotely. They follow a similar process to on-site visits, including asking questions, requesting documents, and examining the work environment.

As before, your employees can decline visits, but it’s best if they cooperate to avoid complications.

What happens in an I-9 audit

While many I-9 audits shifted to hybrid or fully remote formats during the COVID-19 pandemic, they can—and often do—take place on-site. In fact, under the policies of the Trump 2.0 administration, audits have largely returned to being conducted fully in person, similar to pre-pandemic practices.

Step 1: Receive written notice

Homeland Security Investigations (HSI), a division of ICE, issues a Notice of Inspection (NOI), usually delivered in person by an agent or sent by mail. Employers generally have three business days to provide all Form I-9s, which you collect from new hires during onboarding, and supporting documentation, unless immediate production is demanded in exceptional cases.

If you send the paperwork on time and it meets the requirements, ICE will send you a Compliance Notice to confirm that you passed the inspection. No further action will be needed.

Note: In some instances, the NOI may be delivered during an unannounced visit, which could escalate into an on-site inspection, particularly if it’s part of a broader investigation rather than a routine paperwork review.

Step 2: Document review

An HSI auditor examines the I-9 records off-site, checking for compliance and identifying potential errors or omissions. If they find minor errors, they’ll give you a further ten business days to correct them. Failure to respond on time is considered a violation.

If ICE finds substantial issues, this counts as an immediate violation. ICE determines the subsequent penalty based on:

• The size of the business
• The severity of the violation
• The number of previous violations
• Whether the parties involved were acting in good faith

Step 3: Potential site visit

Although uncommon, HSI may conduct an in-person inspection if it needs to interview employees, investigate suspected fraud, or follow up on patterns of unlawful hiring practices.

Step 4: Results and next steps

Following the audit, HSI will issue one of the following:

• Compliance Notice: confirming that all records meet requirements
• Notice of Technical or Procedural Failures: Identifying errors to be corrected
• Notice of Suspect Documents or Fraud: indicating concerns about document authenticity or hiring practices
• Notice of Intent to Fine (NIF): specifying proposed penalties

If the proposed fine would cause significant financial hardship relative to the company’s revenue, employers may be able to negotiate a reduced amount with ICE.

How to ensure USCIS site visits and audits go smoothly

Ensuring you’re always ready for visits and audits can minimize the disruption to your operations and reduce the pressure on your team. The following strategies can help you prepare:

Maintain strong, continuous visa and immigration compliance

Treat compliance as an ongoing effort instead of a one-time task. Regular reviews can help guarantee you’re meeting visa requirements and identify where updates are needed.

Monitor the following closely for changes that could cause violations:

• Visa deadlines
• Employment start and end dates
• Location and contact information
• Wages, bonuses, and benefits
• Average working hours
• Family circumstances
• Typical job duties
• Promotions and lateral moves

When teams are scattered across the US, staying updated can be challenging. Foreign employees may move address or invite their family to join them without realizing it poses compliance issues.

A centralized immigration solution can keep everyone in the loop. Deel Immigration has a unified dashboard that tracks visa applications, renewals, and expiry dates so you always have advance notice. Plus, for personal details, you can prompt staff to complete their own profiles and submit documentation via the employee portal.

Have the right documentation ready to go

Keeping all the required documents up to date, organized, and easily accessible can ensure straightforward visits and audits. You can simply hand over the files upon request.

Deel centralizes document storage so everything’s available via our Cloud-based HRIS system. All you have to do is log in and download digital copies of whatever you need.

As part of the onboarding process, Deel can even ask new hires to complete and submit their new I-9 Forms. Administrators can check their progress via the dashboard and remind them if they forget. Deel also includes an e-signature function so both employers and employees can sign online and easily meet the three-day deadline.

Assign roles and responsibilities to your team

Assigning roles to your team and telling them what to expect can prepare them. This ensures inspections go smoothly and avoids unnecessary stress.

Here’s who you need to talk to:

• Reception: Whoever greets guests at your business premises should understand what to say to government officials and which team members to inform
• Company representative: The designated point of contact should have a detailed process to follow when officials visit
• Employees: Any foreign workers must understand what questions to expect, their rights and responsibilities, and what’s likely to happen next

As remote employees may be alone at home, give them someone they can contact anytime. They may still have to undergo the check by themselves, but they’ll have someone on the phone to provide support.

Outline the inspection process

Detailed plans can ensure everyone understands what to do when you receive a USCIS visit or an ICE notice. This reduces the risk of issues and delays that can prevent you from meeting the deadlines.

Better yet, mock inspections and audits can help you uncover potential problems before officials do. You can identify compliance gaps and close them. Even if it’s for minor issues like misspelled job titles and typos, you can still benefit from the extra peace of mind.

Seek expert legal counsel

US officials allow businesses to seek legal counsel for site visits and I-9 audits. While officials might not wait for your lawyers to arrive, they won’t prevent you from getting in touch with services or speaking to them over the phone.

Deel customers are free to reach out to our legal experts. Everyone gets assigned a customer success manager during onboarding who acts as a single point of contact. They can connect you with the right departments and help you track any information you need.

What’s more, your employees can contact us. This gives remote workers someone to turn to for advice if FDNS arrives at their home, and they prefer to get support from a neutral party.

Build future-ready immigration operations with Deel

USCIS site visits and I-9 audits may be one-time events, but they demand an ongoing commitment to ensure compliance.

Deel Immigration provides the end-to-end support that enables businesses to meet all legal requirements during petitions and beyond. Our local team of experts assists with a range of visa and immigration applications, keeps you informed of potential issues after approval, and guides you through all types of inspections.

If you’re remote, dispersed, or operate internationally, you’re also likely to appreciate the following Deel Immigration features:

• EOR services, including hiring, compliance, and visa sponsorship
• US and global payroll
• HR and onboarding
• Continuous regulatory updates
• A unified dashboard with real-time visa updates and alerts
• Centralized document storage
• 24/7 access to expert legal support

Looking for extra guidance with visa compliance? Book a demo with the Deel team and explore our services.