Overview of the USCIS VIBE Program

The Validation Instrument for Business Enterprises (VIBE) program is a tool used by the U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of Labor (DOL) to validate basic information about a company or organization wishing to employ a foreign national in the United States. For the benefit of MurthyDotCom readers, we provide this overview of the VIBE program and its potential practical implications on the immigration process.

Purpose of the VIBE Program

The VIBE program is used by the USCIS in adjudicating employment-based petitions and applications to confirm a petitioner’s or applicant’s eligibility for the particular benefit request, and to identify fraudulent companies and filings. The DOL also uses VIBE for this purpose, and to check a company’s compliance record with requirements for various programs and to take enforcement action when needed. The VIBE program uses data from a variety of internal and external sources, including the USCIS Fraud Detection and National Security Directorate (FDNS), E-Verify, DOL data, and the commercial business analytics company Dun & Bradstreet (D&B).

Applications Subject to VIBE Verification

The USCIS specifically uses VIBE when adjudicating Form I-129, Petition for a Nonimmigrant Worker; Form I-140, Immigration Petition for Alien Worker; Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant; and Form I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j). The DOL uses VIBE when adjudicating forms such as the H1B Labor Condition Application and Form ETA-9089 for the PERM labor certification, among others.

VIBE Confirmation Requests

VIBE collects publicly available business operation data for companies including, but not limited to, the type of business (i.e., the North American Industry Classification System (NAICS) code), financial standing, number of employees, relationships with other U.S. or foreign entities, type of legal entity, date of establishment, and current physical address. When there is a discrepancy between the VIBE data and what is listed on an application or petition, the USCIS can issue a Request for Evidence (RFE) to verify the correct company information. The DOL similarly can issue a Request for Information (RFI) when adjudicating a PERM labor certification.

Employers Can Be Proactive

The VIBE program pulls most of its data from Dun & Bradstreet. Therefore, to help avoid an RFE or RFI for VIBE verification and potential resulting adjudication delays, an employer can regularly confirm that the company’s Dun & Bradstreet profile is up to date and make any updates necessary.

Conclusion

By understanding how the USCIS VIBE program operates and how to proactively maintain accurate business records, employers can help reduce the risk of delays during the immigration process. Companies and organizations seeking specific guidance are encouraged to schedule a consultation with a Murthy Law Firm attorney.

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