USCIS announced on 01/28/2011 that they will begin beta-testing the Validation Instrument for Business Enterprises (VIBE) web-based tool on employment-based immigrant and non-immigrant visa petitions.  VIBE will use commercially available data to validate basic information about companies or organizations petitioning to employ foreign national workers. As a result, it is expected that employers may begin seeing VIBE related requests for additional evidence (RFEs).  USCIS has stated that VIBE will be used on all employment-based I-140 filings, except Extraordinary Ability and National Interest Waiver petitions.  VIBE will also be used on all I-129 based NIV filings, such as H-1B and L-1.  USCIS has stated they will not utilize VIBE for I-129 based O and P visa petitions.

VIBE will work by allowing USCIS to electronically receive information from an independent information provider (IIP) about a petitioning company.  This information will include, among other things: type of business, financial standing (including sales volume and credit standing), number of employees, relationships with other entities (including foreign affiliates), and current physical address.  The information received from VIBE will be used to verify the petitioner’s qualifications for the requested visa type and it will be cross checked with the information provided in the petition.  Examples provided by USCIS:

• If a petitioner is seeking L-1 status for a beneficiary, VIBE will help adjudicators confirm that the petitioner has a foreign affiliate, and
• If a petitioner must establish the ability to pay the foreign national, VIBE will confirm the petitioner’s financial viability.

USCIS states it will not deny a petition based upon information from VIBE without first giving a petitioner the opportunity to respond to USCIS’ concerns, most likely via an RFE.  Petitioners are encouraged to bring any questions related to RFEs or NOIDs involving IIP information USCIS received through VIBE, as well as suggestions for improving the program by contacting VIBE-Feedback@dhs.gov.  For more information about the program, see http://www.uscis.gov/vibe. 

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