H-1B Site Visit Compliance Is Now a Serious Employer Risk
H-1B site visit compliance has become a major issue for employers and foreign workers, especially with remote work, hybrid schedules, third-party worksites, and changing job duties. A USCIS site visit can happen with little or no warning, and the officer may ask questions about the company, the H-1B worker’s position, salary, work location, job duties, supervision, and whether the facts match the petition.
USCIS explains that its Fraud Detection and National Security Directorate administers the Administrative Site Visit and Verification Program to conduct site visits and verify information in certain immigration petitions. USCIS also states that a 2024 DHS final rule codified USCIS authority to conduct H-1B site visits and that refusal to comply may result in denial or revocation of H-1B petitions for workers performing services at the location being inspected.
That is a major point for employers. A site visit is not something to ignore, delay, or treat casually. If the company cannot explain the job, produce basic records, identify the employee, confirm the worksite, or show that the petition remains accurate, USCIS may question whether the H-1B employment is legitimate.
H-1B workers should also be prepared. A worker may be asked where they work, what they do, who supervises them, how much they are paid, whether they work remotely, and whether their duties match the approved petition. Inconsistent answers can create problems for both the employee and the employer.
At Orange Law, we help employers and workers understand H-1B compliance risks, prepare for site visits, address remote work issues, and respond when USCIS questions an H-1B petition.
What Is a USCIS H-1B Site Visit?
A USCIS H-1B site visit is an inspection or verification visit connected to an immigration petition. The visit is typically handled by FDNS, the USCIS Fraud Detection and National Security Directorate. The officer may visit the company’s office, the H-1B worker’s worksite, a third-party client location, or another location listed in the petition.
The goal is to verify whether the real-world facts match the petition. USCIS may check whether the company exists, whether the employee works there, whether the job title and duties match, whether the employee is being paid properly, whether the work location is accurate, and whether the employer-employee relationship exists.
The officer may ask to speak with the company representative, HR, the manager, the H-1B worker, or other employees. The officer may ask for documents, photographs, office access, payroll records, public access file information, or proof of business operations.
A site visit does not automatically mean the employer did anything wrong. But a poorly handled visit can create serious consequences.
Why H-1B Work Location Matters
Work location is one of the biggest H-1B site visit issues. The Department of Labor explains that “place of employment” means the worksite or physical location where the H-1B worker actually performs work. The Labor Condition Application must be filed for the geographic area where the employer intends the H-1B worker to be employed.
That means the worksite listed in the LCA and petition matters. If the employee is working somewhere else, the employer may have a compliance issue.
This is especially important for remote work. If an H-1B worker moved to a new home office, relocated to another city, began working from a client site, or changed from office-based to fully remote work, the employer should review whether the LCA and H-1B petition still cover that location.
A site visit can expose a location problem quickly. If USCIS visits the petitioned office and the company says the employee moved to another state months ago, that may trigger questions about whether an amended H-1B petition should have been filed.
Remote Work and Home Office Problems
Remote work has made H-1B compliance more complicated. Many employers treat remote work as an ordinary HR issue, but for H-1B purposes, the employee’s physical work location can affect the LCA, wage level, notice posting, and whether an amended petition is required.
A home office may be a worksite if the H-1B worker regularly performs work there. The employer should review whether the remote location is within the same area of intended employment or whether a new LCA and amended petition may be required.
For example, a Houston-based H-1B worker who occasionally works from home near the office may present a different compliance issue than a worker who moves from Texas to California and keeps working remotely. The wage level, prevailing wage area, notice requirements, and petition facts may change.
Employers should not wait until a site visit to address remote work. They should track where H-1B workers actually work and consult immigration counsel before approving relocations, long-term remote work, or out-of-state moves.
Job Duties Must Match the Petition
H-1B site visit compliance is not only about location. Job duties also matter. USCIS may ask the worker what they do every day, what tools they use, who supervises them, what projects they work on, and whether the role requires a specialty occupation.
USCIS describes H-1B classification as applying to people performing services in a specialty occupation, among other limited categories. The Department of Labor similarly explains that the H-1B program applies to employers hiring workers in specialty occupations requiring highly specialized knowledge and at least a bachelor’s degree or equivalent.
If the approved petition says the worker is a software engineer but the worker describes mostly administrative work, sales work, or unrelated duties, USCIS may question the petition. If the petition says the worker is supervised by one manager but the worker says they report to someone else at a client company, USCIS may ask follow-up questions.
Employers should make sure H-1B job descriptions remain accurate. Promotions, demotions, major duty changes, new client assignments, or new reporting structures may require legal review.
Wage and Payroll Records Matter
H-1B employers must pay the required wage listed in the LCA and petition. A site visit may involve questions about salary, pay frequency, payroll records, start date, benching, unpaid leave, or whether the employee is being paid as promised.
The Department of Labor’s H-1B materials explain that the program includes standards designed to protect similarly employed U.S. workers and protect H-1B workers. Wage compliance is central to that framework.
Employers should keep payroll records organized and consistent. If the petition lists a salary but payroll shows a lower amount, unpaid gaps, improper deductions, or delayed pay, the employer may face serious issues.
H-1B workers should also know their wage. If the worker is asked about salary during a site visit and gives an answer inconsistent with the petition or payroll records, USCIS may investigate further.
Public Access File and LCA Compliance
H-1B employers must maintain a public access file connected to the LCA. The file should generally include required wage and notice information, among other records. During compliance review, the employer may be asked questions related to the LCA, worksite, wage, and notice obligations.
The LCA controls important compliance details, including the area of employment and wage obligations. The Department of Labor explains that the LCA applies to worksites within the area of employment and controls prevailing wage, posting, and other worksite-related obligations.
Employers should not scramble to create compliance records after USCIS arrives. Records should already be organized. HR, legal, and management should know where the public access files are kept and who is authorized to speak with government officers.
Third-Party Worksites Can Create Extra Scrutiny
Many H-1B workers perform services at client sites, customer locations, or third-party worksites. These arrangements can create additional questions during a site visit.
USCIS may ask whether the petitioning employer actually controls the worker’s employment. Who supervises the worker? Who assigns tasks? Who evaluates performance? Who pays the salary? Who can fire the worker? Where is the worker located? What contract supports the placement?
If the H-1B worker is at a client site, the client’s representative may not understand the immigration petition. That can create inconsistent answers. Employers should prepare client-site arrangements carefully and ensure the worker, supervisor, and company contact understand the approved petition.
Contract changes, new projects, new end-clients, or location changes should be reviewed before they happen.
What Employers Should Do Before a Site Visit Happens
Employers should prepare before a site visit occurs. The best time to fix H-1B compliance issues is before USCIS is at the door.
Employers should identify all H-1B employees, confirm their actual work locations, review job duties, confirm wage compliance, update HR records, organize public access files, verify LCA postings, review remote work arrangements, and confirm who will speak with USCIS if an officer appears.
Companies should also create an internal protocol. Reception staff should know who to contact. HR should know where petition records are kept. Managers should know not to guess. The H-1B worker should know the job title, duties, salary, work location, and supervisor listed in the petition.
If the company discovers a problem, such as an unreported worksite change or major job change, it should speak with immigration counsel immediately.
What Workers Should Know Before a Site Visit
H-1B workers should be truthful and prepared. They should know their job title, employer name, work location, supervisor, salary, start date, main duties, and whether they work remotely or at a client site.
Workers should not guess if they do not know an answer. They should not exaggerate their duties. They should not say they work somewhere different from the petition unless that is true. They should not hide remote work or side work.
A worker should also inform the employer if they move, change worksites, begin remote work, or receive a new assignment. H-1B compliance is not just the employer’s responsibility in practice; the worker’s actions can create petition issues.
What Happens If USCIS Finds a Problem?
If USCIS finds inconsistencies, it may issue a request for evidence, notice of intent to revoke, notice of intent to deny, or other inquiry. In serious cases, USCIS may revoke the H-1B petition. A revocation can affect the worker’s ability to remain employed and may create status problems.
The issue may also be referred to another agency if wage, fraud, or labor violations are suspected. Employers should respond carefully and with supporting evidence.
Common problems include wrong worksite, unpaid wages, job duties inconsistent with the petition, no employee at the listed location, company address changes, client-site control issues, lack of public access file compliance, or refusal to cooperate with the site visit.
Common H-1B Site Visit Mistakes
One mistake is failing to prepare reception and HR staff. If the front desk does not know who handles immigration matters, the visit can begin poorly.
Another mistake is guessing. Company representatives and workers should answer truthfully but should not speculate.
Another mistake is ignoring remote work. A home office or out-of-state move can create LCA and amended petition issues.
Another mistake is having job duties drift away from the approved petition. The H-1B worker’s real duties should match the specialty occupation described to USCIS.
Another mistake is assuming a site visit is optional. USCIS states refusal to comply with H-1B site visits may result in denial or revocation for petitions connected to the inspected location.
Frequently Asked Questions About H-1B Site Visits
Can USCIS visit an H-1B employer without notice?
Yes. USCIS site visits may be unannounced. Employers should have a protocol before a visit happens.
Who conducts H-1B site visits?
Site visits are commonly conducted through USCIS FDNS under the Administrative Site Visit and Verification Program.
Can refusal to cooperate create problems?
Yes. USCIS states that refusal to comply with H-1B site visits may result in denial or revocation of H-1B petitions for workers performing services at the inspected location.
What does USCIS verify during a site visit?
USCIS may verify the employer’s existence, work location, employee identity, job duties, salary, supervision, and whether the petition information is accurate.
Can USCIS visit a home office?
Remote work can create home-office compliance issues. Employers should review whether the home office is a covered worksite under the LCA and petition.
What if the H-1B worker moved to another state?
The employer should review whether a new LCA and amended H-1B petition are required before the worker begins at the new location.
Does the LCA location matter?
Yes. DOL states that the LCA must be filed for the geographic area where the employer intends the H-1B worker to be employed.
What if the job duties changed?
Major job duty changes may require legal review and possibly an amended petition.
Should the employee answer questions?
The employee should be truthful and should answer only what they know. If unsure, they should say they do not know rather than guessing.
Should employers prepare for site visits?
Yes. Employers should review records, work locations, remote work, job duties, wage compliance, public access files, and internal response procedures.
Final Takeaway
H-1B site visit compliance is not just a paperwork issue. USCIS may verify whether the employer, job, wage, worksite, remote-work arrangement, and employee duties match the approved petition. If the facts do not match, the employer and worker may face serious consequences.
Employers should review H-1B records before problems arise. Workers should understand their approved role and notify the employer before moving or changing worksites. Remote work, hybrid schedules, client locations, wage issues, and job-duty changes should be reviewed carefully.
Call Orange Law for H-1B Site Visit Compliance Help
If your company sponsors H-1B workers or if you are an H-1B employee worried about a site visit, remote work issue, worksite change, or petition problem, Orange Law can help.
Our team can review H-1B petition records, LCA worksites, remote work arrangements, public access files, job duty changes, and USCIS site visit risks.
Contact Orange Law today to speak with an immigration attorney about H-1B site visit compliance and employer immigration strategy.