Blog by Pasricha & Patel, LLC

H-1B Workplace Visits Are Increasing – What Employers and Employees Need To Know

The U.S. Citizenship and Immigration Services (USCIS) is increasing its inspections of workplaces that employ H-1B visa holders. The increased workplace visits are part of a broader effort by the Department of Homeland Security (DHS) to enhance the integrity of the H-1B program. These workplace visits can occur at any location where an H-1B employee works, has worked, or will work, including third-party work locations. It is important to note that refusing to comply with a site visit can have serious consequences, including the denial or revocation of previously approved H-1B petitions. Both employers and employees need to understand the scope of the situation and ensure they are prepared in the event of a site visit.

What Employers Must Do:

For companies sponsoring H-1B employees, it is important to be prepared. Employers should:

  • Maintain Compliance with The LCA Workplace Location: Ensure that your Labor Condition Application (LCA) accurately reflects where your H-1B employees are working. If the work location changes, it is important to update the LCA accordingly.
  • Ensure Public Access Files Are Properly Maintained: Your public access files must be properly maintained and readily available for inspection. These files should include required documentation about wages, working conditions, and the H-1B petition.
  • Document Job Duties and Work Arrangements: Keep detailed and up-to-date records of each H-1B employee’s job responsibilities and work location, especially for remote and hybrid employees.
  • Prepare Your Team: Ensure that your HR staff is prepared for potential unannounced visits and knows what to expect.

What H-1B Workers Should Expect:

To be fully prepared for any workplace visit, especially an unannounced one, H-1B workers must understand what may be expected of them. If you are an H-1B employee, here is what you might experience during a workplace visit:

  • Identity and Location Verification: Officers may verify that you are actually working at the listed location in your petition. This is especially important to note for remote workers or those individuals at third-party sites.
  • Questions About Your Role: Be prepared to answer questions and discuss your job duties, who supervises your work, and how your day-to-day responsibilities align with what was described in your H-1B petition.
  • Home-Based Visits for Remote Workers: If you work remotely from your home, be aware that USCIS may conduct inspections at your residence. It is essential that you are knowledgeable about this and can answer all questions from USICS officers.
  • Document Verification: Expect USCIS officers to verify identification documents and work authorization materials.

Employers and H-1B employees alike must be aware of the increased workplace visits and ensure that they are prepared to answer any questions that may arise. For employers, this means maintaining accurate records, keeping documentation up to date, and being prepared for unannounced visits. For H-1B workers, this means being ready to answer questions about your role and understanding the terms of your employment authorization. Should readers have any questions, need guidance on H-1B compliance, or require preparation for workplace visits, we recommend contacting our firm Pasricha & Patel, LLC, and scheduling an appointment with us so that we can discuss your concerns further.



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