KahBo Dye-Chiew Immigration Law Blog on Lawyers.com

As an immigration lawyer in Hawaii, the Law Offices of KahBo Dye-Chiew has been assisting businesses protect their interests and their employees by assuring that they have the proper documentation on file if they’re visited by the Office of Fraud Detection and National Security (FDNS).

The FDNS was created by the U.S. Citizenship and Immigration Services (USCIS) in 2004 to conduct site visits to businesses that sponsor foreign nationals who receive benefits from the USCIS. These site visits are conducted to investigate immigration benefit fraud and to ensure that benefits are not granted to persons who threaten national security or public safety.

The following are reasons for FDNS site visits:

• Verify the employer exists
• Verify the petition information
• If the foreign workers are employed as described in the H-1B and L petition
• Collect information to add to its fraud detection database to create profiles of employers who request immigration benefits on behalf of foreign workers

These site visits are usually unannounced. The investigating agent should be directed to the employer’s representative who has the most knowledge of the immigration petitions. Investigators may request the following:

• Speak with the foreign worker, supervisor, and colleagues
• Confirm the foreign worker is engaged in the duties described by the petition
• Look at the premises and workers
• Take pictures
• Ask for payroll records and organization charts

Failure to cooperate in the investigating FDNS agent could result in the denial of a pending petition, in the revocation of a previously approved petition, or in the compromise of future petitions.

An immigration attorney who well adapted to business immigration law can assist in the preparation of the proper documentation. Providing the correct information is necessary for a favorable decision by the USCIS. An employer may request an attorney be present during the site visit, but the agent may refuse to reschedule the visit. Therefore, it is imperative that the petitions be prepared accurately.

The immigration law firm in Hawaii of KahBo Dye-Chiew has been assisting businesses and professionals prepare the proper documentation for site visits for years.

For more information about accurate petitions, contact the Law Offices of KahBo Dye-Chiew at the City Financial Tower, 201 Merchant Street, Suite 2302, Honolulu, Hawaii 96813, or call toll free at 866-510-7082.