It is important that H-1B/L-1/R-1 employers have policies and procedures in place in case of an FDNS inspection. Human resource departments, staff, and company signatories should be aware of the potential for unannounced site visits and should be prepared to follow the employer’s response plan. If you don’t have a plan, make one. Make sure that everything included in the underlying petition pertaining to the company and the employee is accurate. Review and re-review the petition that was filed, if necessary. Remember, material changes to job duties, and in the case of H-1Bs, changes to work location, require amended petitions. Make sure the person who signs the petitions (and/or the assistant) knows where to find copies of the petitions quickly and review those petitions before meeting with the inspector. If there are discrepancies between pay stubs and the salary listed on the I-129 petition, be ready with a complete explanation. For example, some L-1 companies pay part of the beneficiary’s salary through the foreign employer, which is an acceptable practice.
If you are confronted with a site visit, contact your immigration lawyer immediately and see if he or she can attend the site visit. If your lawyer cannot attend, ask for and record the credentials of the inspector (name, title, and contact information) to ensure that any post-visit communications are directed toward the appropriate agent. Write down a detailed description of what happened immediately after the visit. Finally, if during the site visit, either you or your employee are unsure of an answer to a question, ask for additional time and offer to follow-up with the officer, rather than guessing.