It is not uncommon for a company that has filed an employment based visa petition for its employee to receive a Request for Additional Evidence Immigration (RFE) stating that USCIS was unable to find your company information on their Validation Instrument for Business Enterprises (VIBE) system. There is no reason to panic if you receive such an RFE. It just means your company either has not created a record with Dun and Bradstreet (D&B), or the record needs to be updated to match the current situation as detailed in your petition. It follows that any company planning to file an immigration petition should update their D&B profile in advance to avoid an RFE.
What is VIBE?
VIBE is actually a Web-based system used by USCIS in adjudicating certain nonimmigrant petitions, such as L-1A, L-1B, H-1B, E-1, E-2 and TN, as well as most employment-based green card petitions. The VIBE system currently uses the data maintained by Dun and Bradstreet to verify important basic and qualifying information about the petitioning company and its operation, which may include the following:
- That the petitioner U.S. company and the employee beneficiary's foreign employer have a qualifying relationship such as a parent, subsidiary or affiliate relationship
- That the company is actively doing business, its credit rating, revenue and financial situation
- The date and state of incorporation, office address and amount of employees
Why VIBE is important and how a profile is created
USCIS uses the information contained in the D&B report to check the information reported in the petition. For example in an EB-2 employment immigration petition the company's financial information will be used to help determine if the company has the ability to pay the employee's salary – a requirement for approval of the petition. It is important that a company update its profile when it has a significant change like a change in ownership or a new office location. United States private company petitioners can follow a special streamlined approach in creating and updating their D&B profiles. This avoids being subjected to direct marketing from D&B. United States public companies and foreign company petitioners have to use D&B directly.
Any company that will be petitioning for work-based visas would be well advised to speak with a knowledgeable and skilled immigration attorney to be sure the business organization's profile is updated and consistent with the requirements for the visa.