As an employer when you file a petition or application with USCIS, they must verify that you as the employer are a legitimate business. In a typical filing, USCIS will rely on the paperwork and evidence submitted with the petition or application. If USCIS determines the paperwork submitted is not sufficient, USCIS can rely on the Validation Instrument for Business Enterprises (VIBE) Program to verify business information. Learn why you should verify your company’s information in the VIBE Program before filing with USCIS.
What is the USCIS VIBE program?
The Validation Instrument for Business Enterprises (VIBE) Program allows USCIS to electronically receive publically available information, currently from D&B (Dun and Bradstreet), about a company or an organization. Such publically available information includes:
- Business activities, such as type of business (North American Industry Classification System code), trade payment information, and status (active or inactive)
- Financial standing, including sales volume and credit standing
- Number of employees, both on-site and globally
- Relationships with other entities, including foreign affiliates
- Type of office (examples include single entities, branches, subsidiaries, and headquarters)
- Type of legal entity (for example, LLC, partnership, or corporation)
- Company executives
- Date of establishment as a business entity
- Current physical address
What immigration classifications are subject to VIBE?
The following Form I-140, Immigrant Petition for Alien Worker, employment-based immigrant classifications are included in VIBE:
- E12, an outstanding professor or researcher
- E13, multinational executive or manager
- E21, member of professions holding an advanced degree or a noncitizen of exceptional ability (with the exception of National Interest Waiver petitions)
- E31, skilled worker
- E32, professional
- EW3, unskilled/other workers
Additionally, the following Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant, employment-based immigrant classifications are included in VIBE:
- SD1, minister of religion
- SR1, non-minister in a religious occupation or vocation
The following Form I-129, Petition for a Nonimmigrant Worker, employment-based nonimmigrant classifications are also included in VIBE:
- E-1, treaty trader
- E-2, treaty investor
- E-3, member of specialty occupation who is a national of the Commonwealth of Australia
- H-1B, specialty occupation worker
- H-1B1, specialty occupation worker from Chile or Singapore
- H-1B2, a worker performing services related to a Department of Defense cooperative research and development project or coproduction project
- H-1B3, fashion model of distinguished merit and ability
- H-2A, temporary or seasonal agricultural worker
- H-2B, temporary nonagricultural worker
- H-3, trainee or special education exchange visitor
- L-1A, intracompany transferee in a managerial or executive position
- L-1B, intracompany transferee in a position utilizing specialized knowledge
- LZ, blanket L petition
- Q-1, international cultural exchange visitor
- R-1, religious worker
- TN, NAFTA professional from Canada or Mexico
What immigration classifications are not subject to VIBE?
Due to their unique eligibility requirements, the following employment-based classifications are not included in VIBE at this time:
- CW-1, Commonwealth of the Northern Mariana Islands (CNMI)-only transitional worker
- E-2C, long-term foreign investors in the CNMI
- E11, individuals of extraordinary ability
- E21, national interest waiver
- EB-5, an immigrant investor
- O, individuals with extraordinary ability or achievement (including essential support personnel)
- P, internationally recognized athletes and entertainment groups, performers under a reciprocal exchange program, and artists or entertainers under a culturally unique program (including essential support personnel)
How does USCIS use the VIBE information?
USCIS officers rely on the VIBE information along with the evidence submitted to verify the petitioner’s qualifications. For example, if a petitioner is seeking L-1 status for a beneficiary, VIBE will help USCIS officers confirm that the petitioner has a foreign affiliate, which is a requirement for granting L-1 status. They will also use the information from VIBE to validate the bona fides of the employer when certain employment-based applicants file for lawful permanent resident status. Information from VIBE will also help to confirm an employer’s financial viability and operational status for petitions and applications where a job offer is required.
What happens if there are discrepancies with the VIBE information?
A petition or application filed with USCIS will not be denied solely based on information or the lack thereof from VIBE. If a significant discrepancy is found between the evidence submitted and the information found through the VIBE program, USCIS will provide an opportunity to respond to any concerns. This is typically done through the issuance of a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID). Upon receipt of the response to either the REF or NOID, USCIS will make a final decision based on the totality of the circumstances.
As an employer am I required to create a record with Dun & Bradstreet (D&B)?
As an employer you are not required to create or update your records with D&B; however, doing so may avoid discrepancies with publically available information that can lead to delays in the processing of your petition or application. We recommend verifying the information for your company with D&B before filing with USCIS. You can check or create your record with D&B with the following link: Dun & Bradstreet Business Directory
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