New Validation Instrument For Business Enterprises (VIBE) Program

New VIBE Program

In a misguided effort to "simplify" the sponsorship process for the employer, U.S. Citizenship and Immigration Services (USCIS) has complicated the process further by instituting its new Validation Instrument for Business Enterprises (VIBE) program. VIBE is web-based tool used to confirm company details provided by the petitioner in employment-based immigrant and nonimmigrant visa petitions. Previously, USCIS reviewed documentation provided with the initial filing by petitioning companies to establish eligibility for the requested classification. The VIBE program now allows USCIS to consult commercially available business data supplied by the independent information provider Dun and Bradstreet (D&B) to verify evidence submitted by the petitioner. Relevant company data may include: business activities, ownership, financial standing, current address, number of employees, and relationships with other domestic and international entities. Where the information does not match, USCIS now issues Requests for Evidence (RFE) or Notices of Intent to Deny (NOID). This gives the petitioner an opportunity to correct or clarify any discrepancies between D&B and the petition, or to provide any missing information. USCIS hopes that VIBE will streamline the petitioning process. Once a petitioner's information is verified, it no longer needs to submit extensive corporate documentation with subsequent filings. This will reduce the number of RFEs issued to petitioners who have successfully undergone the VIBE screening process. In addition, USCIS claims that VIBE should improve the consistency of the adjudication process, as the same company information will be accessible to all four USCIS Service Centers.

The criticisms of this program are many. Among the most troubling is the apparent change in adjudication procedure without a formal change in the regulations, as well as USCIS' reliance on information from D&B, a publicly-traded company, as the determinant for government action. As usual, USCIS is dismissive of this criticism and places the burden on the employer to comply while the program is in its initial roll-out.

In light of the new program, we recommend that before filing petitions with USCIS, employers update and verify their information with D&B in order to avoid discrepancies and minimize processing delays.

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