Validation Instrument for Business Enterprises (VIBE) and E2 Visas

Isaul VERDIN, DFW Immigration Lawyer — Isaul VERDIN, VERDIN Law, DFW Immigration Lawyer

By Isaul VERDIN, VERDIN Founder and Managing Attorney

Foreign entrepreneurs need every tool accessible to them to increase their probabilities of a favorable E2 visa adjudication.

One free tool that is often overlooked is the Validation Instrument for Business Enterprises (VIBE). Because the U.S. government uses this tool to investigate businesses, it is prudent to leverage it to your best advantage.

Dun & Bradstreet is a corporation that provides information on commercial credit as well as business reports. Dun & Bradstreet is recognized world-wide for its Data Universal Numbering System (D.U.N.S.) numbers. The D&B numbering system generates business information reports for more than 100 million companies around the globe.

Four Key Facts about VIBE:

Dun and Bradstreet (D&B) is the independent company that provides public and commercially available information on the business to the U.S. government.
D&B will report through VIBE on the financial and operational activity of the business. For example, if the business has outstanding credits, or poor credit history, then D&B will report on it.
Foreign entrepreneurs have the ability to create, verify, or correct company information directly with D&B at: http://fedgov.dnb.com/webform.
Foreign investors can also register and obtain a D-U-N-S number for their foreign companies through D&B, http://www.dnb.com/duns-number.html.

In summary, given that the U.S. government is using the VIBE program to verify businesses, it benefits E2 visa applicants to confirm and actualize all of their business information with D&B.

And, it doesn’t hurt that the VIBE program is free.

Validation Instrument for Business Enterprises (VIBE) Program

The Web-based Validation Instrument for Business Enterprises (VIBE) is a tool designed to enhance USCIS’ adjudications of certain employment-based immigration petitions and applications. VIBE uses commercially available data from an independent information provider (IIP) to validate basic information about companies or organizations petitioning to employ certain foreign nationals and to validate the basic information about the companies or organizations listed on the Form I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j).

Currently, Dun and Bradstreet (D&B) is the independent information provider for the VIBE program.

VIBE Program Background

When adjudicating employment-based petitions or applications, USCIS must primarily rely on paper documentation supplied by the petitioning company or organization to establish the petitioner’s eligibility for the requested classification; or by the applicant to confirm a bona fide job offer or request job portability.

When the paperwork does not sufficiently document the evidence required under the law, USCIS must issue a Request for Evidence (RFE) for additional documentation, delaying final adjudication of the petition or application.

The VIBE program has been introduced to address some of these issues.

VIBE Program

VIBE allows USCIS to electronically receive commercially available information from an IIP, currently D&B, about a company or an organization. This 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

USCIS officers review all information received through VIBE along with the evidence submitted by the petitioner or applicant and will use the information from VIBE 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. USCIS will not deny a petition or an application solely based upon information from VIBE. If USCIS officers find significant data discrepancy between the evidence submitted by the petitioner or applicant and the information presented in VIBE, they will give the petitioner or applicant the opportunity to respond to the agency’s concerns. USCIS may issue an RFE or a Notice of Intent to Deny (NOID) if it is necessary to resolve relevant inconsistencies or other issues that emerge upon review of VIBE-supplied information that are material to the benefit requested.

USCIS will then make a final decision based on the totality of the circumstances.

Your Company’s or Organization’s Information in VIBE

USCIS does not require companies and organizations to create or update records with D&B; however, you may choose to create, verify, or correct your company or organization’s information with D&B.

If your entity is a U.S.-based privately held company or organization and you would like to create, verify or correct its D&B record, you may contact D&B directly online through iUpdate for U.S. government customers. Contacting D&B through this link will allow you to create, update and view basic elements of your company’s or organization’s D&B report without being subjected to direct marketing from D&B. It is only available for U.S.-based privately held companies and other U.S. government customers.

Update for U.S. government customers is a free, password-protected and encrypted online service tool offered by D&B. Its users will be asked a series of short challenge questions, based on geographical and demographic data, to authenticate and establish an ID and password. Only those with access to your established ID and password will be able to access your business information.

If you are a U.S.-based publicly traded company, government entity, or foreign company and you want to create, update or view your report with D&B, you may use www.dnb.com.

Please be aware that if you update your information through www.dnb.com, you may be subjected to direct marketing from D&B. D&B representatives may suggest that you purchase products and services from D&B. USCIS does not endorse D&B or its products or services, and does not in any way suggest that you purchase products or services from D&B in order to ensure your information is complete. Additionally, USCIS does not in any way suggest that you pay any fee to expedite the creation of a new record or to update an existing record.

There is no fee to check, update or create a record for your company or organization with D&B.

Please note that whether or not you choose to create a record or update your record with D&B, you must respond to any RFE or NOID you receive from USCIS. Failure to respond directly to USCIS could result in the denial of your petition.

Immigrant Classifications Included in VIBE

The following Form I-140, Immigrant Petition for Alien Worker, employment-based immigrant classifications are included in VIBE:

E12, outstanding professor or researcher
E13, multinational executive or manager
E21, member of professions holding an advanced degree or an alien of exceptional ability (with the exception of National Interest Waiver petitions)
E31, skilled worker
E32, professional
EW3, unskilled/other worker

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

Nonimmigrant Classifications Included in VIBE

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, 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

I-485 Supplement J Included in VIBE

When an applicant files Form I-485 Supplement J to confirm a bona fide job offer or to request job portability under INA section 204(j), USCIS will use VIBE to validate the basic information about the companies or organizations listed on the Form I-485 Supplement J. However, if the employer is listed as “Self/Individual” on the Form I-485 Supplement J, USCIS will not use VIBE because an individual’s information is not included in VIBE.

E2 Visa or Immigration Questions? Please Contact VERDIN Law

Isaul VERDIN has extensive experience advising multinational companies and entrepreneurs on complex US immigration matters involving investments.

Mr. VERDIN focuses on advising companies on structuring entities, acquisitions, and strategic expansion to satisfy US immigration E-1, E2, L1A, L1B, or EB-1 objectives in a variety of fields. These business opportunities include real estate, aviation, technology, manufacturing, retail, luxury goods, and professional services. Additionally, he litigates deportation defense matters throughout the US.

VERDIN boasts a combined 70 years of experience in immigration law. Since its inception, VERDIN has gained a reputation for prevailing in even the most complicated immigration matters.

“As a Board Certified, Immigration Lawyer (Texas Board of Legal Specialization) with over 17 years of experience, my passion is immigration law. We will listen to your concerns, answer all your questions, and expertly guide you through your immigration process.” ~ Isaul VERDIN, Founder and Managing Attorney

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