- There are four types of government visits your company may receive, and they require different responses.
- The most common by far are FDNS site visits, which are routine compliance checks on H-1B and L-1 workers.
- An administrative warrant does not authorize officers to enter private areas or access employee records. Know the difference before an officer arrives.
- ICE raids and I-9 audits are distinct. An audit comes with at least three business days of notice. A raid does not.
- Several common, fixable situations tend to attract scrutiny. A periodic review of your active visa-sponsored employees can eliminate most of them.
- The four types of government visits
- Understanding warrants: administrative vs. judicial Important
- FDNS site visits: what officers check
- Situations that draw scrutiny
- ICE enforcement visits
- I-9 audits
- LCA audits
- Principles for every visit
- What employees on work visas need to know
- Frequently asked questions
The four types of government visits
Different agencies conduct workplace visits, and what they are looking for is different in each case. The type of visit determines how you respond, what documents are relevant, and what rights you have.
Understanding warrants: administrative vs. judicial
One of the most consequential things an HR leader can know before a visit happens is the difference between an administrative warrant and a judicial warrant. The type of document an officer presents determines what access you are required to provide.
- Issued by a government agency (DHS/ICE), not a court
- Typically Form I-200 or Form I-205
- "Department of Homeland Security" at the top
- Does not authorize entry into private worksite areas or access to employee records without your consent
- Signed by a federal judge, not a government agency
- Authorizes entry into specific areas listed in the warrant
- Authorizes access to records specifically named in the warrant
- Limits access to what is explicitly described, no more
FDNS site visits: what officers check
FDNS visits are the visit type most employers with visa-sponsored workers will encounter. The officer's goal is straightforward: verify that the information in the employee's visa petition matches the reality on the ground.
Officers typically want to confirm the employee's job title and day-to-day duties, work location, salary, manager, and reporting structure. They may also verify that the company exists and is operating at the address on file.
Officers may ask to speak with the employee directly and sometimes with their manager. They may also ask to photograph the employee's work area.
On salary discrepancies
A salary higher than what is listed in the petition is generally not a problem. A salary lower than what is listed in the petition is an issue that needs to be addressed. If there is any discrepancy, have a clear explanation ready before the visit progresses, and involve counsel immediately.
Situations that draw scrutiny
Most FDNS issues stem from changes that happened after the original visa petition was filed and were never updated. These are the situations officers most commonly flag.
- Employee's actual salary is lower than the wage listed in their visa petition
- Employee is working at a location not listed in their visa filing
- Employee's job duties have changed significantly since the petition was filed
- Employee does not have a company email address
- The petition lists an address that is a virtual office or an unstaffed location
- Tax return income does not match the salary on record
ICE enforcement visits
An ICE enforcement action is categorically different from a routine FDNS compliance check. Officers may be looking for individuals who do not have legal immigration status. For a company with a lawfully employed, visa-sponsored workforce, the most important thing is to stay calm, cooperate within your rights, and document everything.
Officers need a judicial warrant signed by a federal judge to access private areas of your building. If they present only an administrative warrant (Form I-200 or I-205), you do not have to grant access to private areas. You can politely decline and note your objection for the record.
If officers try to question employees, employees have the right to remain silent and to speak with an attorney before answering questions. If you believe a search exceeds the scope of the warrant, say clearly: "We object to this search because it is not covered by the warrant," and document it in writing immediately afterward.
At the conclusion of a search, officers are required to provide a list of any items seized. Ask for this before they leave.
I-9 audits
An I-9 audit reviews whether your company has properly completed employment eligibility verification forms for your workforce. Unlike a surprise visit, ICE is required to issue a Notice of Inspection (NOI) giving you at least three business days before you must produce records.
When you receive an NOI, do not turn over any documents at that time, even if asked. You have time, and you should use it. Review the notice carefully with legal counsel before responding to anything.
You may request an extension of time to gather records. ICE often grants additional time. Only produce the specific records listed in the NOI, and nothing beyond what is explicitly requested.
LCA audits
The Department of Labor's LCA audit program reviews whether H-1B employers are honoring the wage and working conditions they certified when filing the Labor Condition Application. This includes verifying that sponsored workers are paid at or above the certified wage, that public access files are properly maintained, and that working conditions match what was filed.
LCA audits can be triggered randomly or as a result of a complaint. If you receive notice of an LCA audit, involve immigration counsel immediately before responding.
Principles for every visit
Regardless of which type of visit occurs, these principles apply across all situations.
What employees on work visas need to know
Employees sponsored on H-1B, L-1, or other work visas may be asked to speak with an officer directly. Most employees have never encountered a government compliance visit and may find it stressful without context.
The core message to share with employees is straightforward. They should answer questions about their job honestly: title, day-to-day duties, work location, salary, and who they report to. Everything they say should match what is in their latest visa petition. If something about their role has changed since the visa was filed, they should be honest about it rather than try to minimize it. Attempting to conceal a change is far more damaging than the change itself.
Employees always have the option to say: "I'm not sure, but I can follow up with accurate information." Officers will generally accommodate this. They do not need to guess.
Frequently asked questions
Yes. It is always acceptable to ask an officer to wait in the reception area while you reach legal counsel. Most officers will accommodate a brief wait. You are not required to answer substantive questions before counsel is available.
Ask. Request the officer's credentials, badge number, and agency, then ask what the purpose of the visit is. Note what they say. That information determines which process applies and what rights you have. Don't assume, and don't proceed until you understand what type of visit you are dealing with.
Not necessarily. FDNS conducts both random compliance visits and targeted visits. A random visit does not mean wrongdoing is suspected. It is a standard part of USCIS's verification program for visa-sponsored workers.
Do not provide access to your HR system or internal databases during the visit. Pull the specific documents being requested, provide only those pages, and hand them over. Only produce what is explicitly asked for, and only after counsel is on the line.
If the visit surfaces a discrepancy, such as a salary difference, a changed location, or significantly different job duties, the appropriate response is to file an amended petition as soon as possible. Address it proactively rather than waiting for a follow-up inquiry.
Employees are expected to cooperate, but they are not required to answer questions without an HR representative or attorney present. They can always say they want to give accurate information and offer to follow up. For ICE enforcement visits specifically, employees have the right to remain silent and to speak with an attorney before answering questions.
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