H-1B Site Visits: What DOL Investigators Check and How to Prepare

The era of H-1B oversight being primarily a paperwork exercise is over. Both USCIS and the Department of Labor have significantly expanded their on-site verification programs, with DOL's Project Firewall initiative driving a sharp increase in unannounced workplace visits since 2025. Employers who filed H-1B petitions assuming inspections were rare are discovering that some companies now face visits every time they file a new petition.

Understanding who conducts these visits, what they actually examine, and what triggers an inspection is essential for both employers and workers.

The Two Inspection Programs: DOL and USCIS

DOL Wage and Hour Division (WHD) Site Visits

The DOL's Wage and Hour Division conducts compliance investigations under the H-1B program's LCA attestation framework. These visits examine whether employers are meeting the wage requirements and working conditions they certified to the DOL when filing the LCA. DOL investigators have broad authority to review payroll records, interview workers, and examine Public Access Files without advance notice.

The triggers for WHD visits include tips from current or former employees, internal DOL data analysis flagging wage anomalies, referrals from other agencies, and proactive auditing campaigns like Project Firewall — which specifically targets IT staffing and consulting arrangements and certain high-volume sponsors.

USCIS Administrative Site Visits and Verification Program (ASVVP)

USCIS runs a separate site visit program focused on verifying petition accuracy. USCIS officers (not law enforcement) visit worksites to confirm:

• The job as described in the I-129 petition actually exists and the beneficiary is performing those duties
• The physical worksite matches what was described in the petition
• The employer-employee relationship is genuine
• For third-party placements: the end-client relationship exists as documented

USCIS site visits can be triggered by random selection, petition irregularities that raise adjudicator flags, or referrals from DOL.

What DOL Investigators Examine

When a DOL Wage and Hour investigator arrives, they can request:

Payroll records. The investigator will compare what was certified as the prevailing wage and actual wage on the LCA against what payroll records show was actually paid during the LCA validity period. Any gap — including unpaid leave during periods of non-productivity that should have been compensated — creates a liability.

Public Access File. The PAF must be produced immediately on request. Investigators check whether it contains all required components, whether it was assembled within the required one-day window, and whether the wage documentation is internally consistent.

I-94 and immigration status records. To verify the beneficiary was authorized to work during the periods payroll was generated.

Work location records. For remote or hybrid workers, investigators cross-reference the MSA listed on the LCA against the worker's actual location during the period in question. If a worker relocated to a different MSA during the LCA validity period without a new LCA being filed, that's a violation.

End-client documentation for consulting placements. Master Service Agreements, Statements of Work, invoices, and emails confirming the nature of the work arrangement with any third-party client.

Worker interviews. DOL investigators can interview H-1B workers directly, without the employer present, to ask about actual daily duties, supervisory reporting structure, and pay.

What USCIS Officers Examine

USCIS site visits are typically conducted by officers from the FDNS (Fraud Detection and National Security) Directorate. They verify:

Whether the job duties described in the petition match actual work being performed. If the petition described a software developer role but the worker is doing general IT support tasks, the FDNS officer will note the discrepancy. This could lead to a Notice of Intent to Revoke (NOIR) the approved petition.

Whether the worksite is legitimate. Officers verify the address listed in the petition is actually an operational business location. Petitions listing virtual office addresses, residential addresses, or addresses that don't match the employer's actual operations raise immediate red flags.

Whether a supervisor is present and can describe the beneficiary's role. Officers will ask to speak with the worker's direct manager. A supervisor who cannot coherently describe what the H-1B worker does undermines the petition's credibility.

For third-party placements: end-client existence. If the petition listed an end-client worksite, officers may visit that site as well to confirm the worker is actually there and the end-client has the work described.

What Triggers an H-1B Site Visit

High-volume H-1B sponsors. Employers filing large numbers of H-1B petitions receive proportionally more attention. Project Firewall explicitly targets high-volume users — some major IT staffing firms have reported investigators arriving within weeks of new petition filings.

Third-party placement arrangements. Consulting and staffing firms placing workers at client sites face elevated scrutiny because these arrangements historically generated the most instances of wage underpayment and benching (placing workers in non-productive status without pay).

Newly established employers. Companies with no H-1B history, thin corporate footprints, or limited DOL records are more likely to receive a verification visit for initial petitions.

Petition irregularities. USCIS adjudicators can refer cases to FDNS when petition documentation raises questions — mismatched addresses, unusual corporate structures, or job descriptions that don't clearly align with the company's stated business.

Complaints and tips. Both DOL and USCIS accept complaints from workers and third parties. Former employees who feel they were underpaid or whose status was mishandled can trigger an investigation.

How Employers Should Respond

During the visit itself:

Designate a single point of contact — typically the HR manager or the company's immigration attorney if available — to speak with investigators. This prevents inconsistent statements from multiple employees.

Produce the Public Access File immediately if requested. Delay signals that the PAF doesn't exist or is incomplete.

Do not volunteer information beyond what is requested. Answer questions accurately, but do not speculate or provide documents that weren't specifically requested.

Notify your immigration attorney immediately. They may be able to provide guidance remotely during the visit and should be informed before investigators leave the premises.

After the visit:

Request a copy of the investigator's credentials and the agency they represent. Ask for written confirmation of what was requested and received.

Document the date, time, names, and agency of all investigators who visited. Note what documents were copied or photographed.

If you receive a formal audit notification, engage immigration counsel immediately. DOL investigations can expand beyond the initial trigger to cover all H-1B workers at the company.

How Workers Should Respond

H-1B workers may be interviewed by investigators, sometimes without prior notice and potentially without the employer present. You are not required to answer questions without an attorney, but polite, accurate answers about your actual job duties typically help more than they harm — if your petition was filed accurately, there is nothing to hide.

If investigators ask about your actual daily work and it differs significantly from what the petition described (because your employer moved you to a different project after the petition was approved), be factual. If you describe duties that don't match your approved classification, the investigator may flag a status violation — but if you provide accurate information that reveals a status problem, that problem existed whether or not you disclosed it.

Never falsify statements to a federal investigator. That converts a potential civil compliance issue into a criminal one.

The US H-1B Specialty Occupation Visa Guide covers employer compliance checklists — including PAF maintenance, LCA compliance for remote workers, and what to document for third-party placement arrangements to withstand both DOL and USCIS scrutiny.