Understanding the New H-1B Compliance Rules
The U.S. Citizenship and Immigration Services (USCIS) has strengthened H-1B site visit enforcement under new regulations, giving its Fraud Detection and National Security (FDNS) unit greater authority to verify compliance. These changes aim to increase program integrity by ensuring H-1B workers are fulfilling the terms of their employment as outlined in their petitions.
Unlike past in-person visits, FDNS officers may now contact H-1B workers via phone and email, requesting a detailed list of documents and responses. Employers should be prepared, as failure to respond promptly and accurately could lead to visa revocation and jeopardize the company’s ability to sponsor future H-1B workers.
What Employers Need to Know About FDNS Site Visits
FDNS site visits are unannounced, and officers may reach out remotely instead of in person. Their goal is to confirm that:
- The H-1B employee is working in the approved role, location, and salary stated in the petition.
- There is a legitimate employer-employee relationship between the worker and the sponsoring company.
- There is no fraud or misrepresentation in the petition or associated documentation.
Employers who are unprepared may face compliance risks. FDNS officers may also request information regarding prior H-1B employment, further increasing the scrutiny placed on visa holders and their sponsors.
Common FDNS Questions During Site Visits
A recent FDNS email inquiry to an H-1B worker included these questions:
Employment Details
- What was your hire date?
- What was your work schedule?
- How did you find out about the job at this organization?
- What is your regular work location?
- Are you presently working from your residence?
- Which other locations did you visit for meetings and/or training?
- What type of work are you assigned?
Company Information
- What is the requested validity period of your H-1B?
- What is the name and address of the end client (if applicable)?
- Please provide an organizational chart or list of corporate officers.
Management & Supervision
- How does the petitioning organization communicate with you?
- Who reviews your work?
- Provide your supervisor’s name and contact information and explain how often and how your work is evaluated.
Compensation & Qualifications
- What is your compensation?
- How often are you paid?
- Did you work for the company overseas?
- What made you qualified for this position?
- Where did you work before?
- What institution of higher education did you attend?
- What was your major?
Steps Employers Should Take to Stay Compliant
To avoid compliance issues, employers must take proactive measures to prepare for potential FDNS site visits and inquiries.
1. Maintain Accurate & Up-to-Date Records
- Keep copies of the Labor Condition Application (LCA), Form I-129, pay stubs, and job descriptions readily available.
- Ensure that end-client contracts and work location documents align with the H-1B petition.
- Maintain a clear organizational chart to quickly provide officer-requested details.
2. Educate H-1B Employees About Site Visits
- Inform them of the possibility of an FDNS inquiry by phone, email, or in person.
- Instruct them to respond truthfully and accurately and to notify HR immediately after contact with FDNS.
- Review their job duties, work location, and salary details with them to ensure consistency.
3. Designate a Compliance Officer or Legal Contact
- Assign a point of contact within HR or legal counsel to handle FDNS requests.
- Employees should immediately report any FDNS inquiries to this designated person.
- Work with immigration attorneys to prepare for site visits and compliance checks.
4. Ensure Worksite & Remote Work Compliance
- Confirm that all H-1B employees are working from the location listed in the petition.
- If employees work remotely, update their LCA filings if required under Department of Labor (DOL) rules.
Why Compliance Matters More Than Ever
USCIS has introduced stricter integrity measures in the H-1B program to combat fraud and abuse. Under these new rules:
- H-1B petitions can be denied or revoked if the worker’s details differ from their original registration.
- Multiple registrations for the same worker using different credentials can be invalidated.
- USCIS is prioritizing investigations and site visits to verify compliance.
Potential Risks for Employers Who Are Unprepared
- Denial or revocation of H-1B petitions.
- Loss of ability to sponsor future H-1B workers.
- Fines and penalties for misrepresentation or non-compliance.
- Damage to the company’s reputation and immigration track record.
Final Thoughts
With increased enforcement under the new H-1B regulations, employers must be vigilant and proactive. Keeping accurate records, training employees, and working closely with legal counsel can help mitigate compliance risks.
If your company receives an FDNS inquiry or site visit notification, consulting an immigration attorney immediately is the best way to ensure compliance and avoid potential penalties.
Schedule a Consultation with an Immigration Lawyer
Citations
Improving the H–1B Registration Selection Process and Program Integrity
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If you have questions about H-1B Visas, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
JEREMY L. RICHARDS is the founding partner of Richards and Jurusik and has dedicated his career to U.S. immigration law, with a specialized focus on assisting Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA) to work and live in the United States. (Full Bio)
