USCIS conducts site visits to confirm that H-1B employers and workers are following the terms of approved petitions. A visit can be unannounced and may involve interviews with the worker, managers, and others. Employers that prepare in advance are better positioned to respond accurately and avoid unnecessary consequences. Shihab Burke LLC Immigration Lawyers helps employers prepare site-visit procedures and respond to issues that arise during and after a visit.
What a Site Visit Is
USCIS may conduct unannounced site visits and other compliance reviews to verify the information in an H-1B petition, before or after approval. The H-1B modernization rule that took effect January 17, 2025 codified this authority. Visits may take place at the employer’s offices, at client sites, and at other locations where the worker performs or will perform services, including a home used for remote work.
A USCIS site visit is different from a Department of Labor investigation. USCIS visits focus on whether the facts in the petition are accurate, and Department of Labor investigations focus on wage and LCA compliance. In practice, however, the line is blurred: USCIS officers routinely review wage payments and other compliance matters that fall within the Department of Labor’s jurisdiction, such as whether the worker is paid the wage stated in the petition and LCA. Our H-1B Audits page addresses Department of Labor investigations.
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What Officers May Do
- Verify the employer’s existence and operations at the location.
- Review records such as the petition, job description, payroll information, and worksite details.
- Interview the H-1B worker, company representatives, and others with relevant information. Interviews may take place without the employer or its representative present.
- Compare the worker’s actual duties, pay, hours, and location with the information in the approved petition.
Requesting Counsel’s Participation
A person being interviewed during a site visit may ask to have an attorney participate, in person or by telephone, and counsel may ask that the interview be rescheduled. USCIS is not required to postpone the visit, and officers may interview the H-1B worker without the employer or its representatives present.
Why Cooperation Matters
If USCIS cannot verify eligibility or compliance, including because the employer or a third party fails or refuses to cooperate, it may deny or revoke H-1B petitions for workers at the inspected location. The consequences can extend beyond the worker whose petition prompted the visit. A site visit does not by itself establish a violation.
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How to Prepare for a Site Visit
- Designate a contact. Give reception, human resources, and managers a clear procedure for verifying an officer’s identity, promptly contacting the responsible company representative and immigration counsel, and asking that counsel be present or available by telephone.
- Keep records accurate and accessible. Maintain the petition, LCA, payroll information, job description, and worksite details, and confirm that actual duties, pay, hours, and locations match the authorized employment.
- Coordinate with client sites and remote workers. Make sure they know whom to contact and understand that USCIS may seek to verify the work arrangement.
- File amendments on time. Many site-visit problems arise from changes in worksite, duties, or pay that were not reported through an amended petition.
- Respond truthfully. Do not guess or coach answers. Identify information that needs verification, record document requests and deadlines, and coordinate an accurate response with counsel.
After the Visit
Record the officer’s name, the questions asked, and any documents requested or provided. If USCIS later issues a request for evidence, notice of intent to deny, or notice of intent to revoke, the response deadline is critical. Contact counsel promptly if an officer raises discrepancies or requests access that raises privacy or confidentiality concerns.
Site Visit Frequently Asked Questions
Will USCIS tell us before a site visit?
Not necessarily. USCIS may conduct unannounced visits before or after a petition is approved, so employers should have a procedure in place before an officer arrives.
Must the employer be present when USCIS interviews the H-1B worker?
No. Officers may interview the worker without the employer or its representatives present. The person being interviewed may ask to have an attorney participate, in person or by telephone, but should not assume USCIS will postpone the interview. Answers should be truthful, without guessing.
What happens if the officer finds a discrepancy?
A discrepancy does not automatically lead to denial or revocation. USCIS may ask for clarification or issue a request for evidence, notice of intent to deny, or notice of intent to revoke, and it may deny or revoke the petition if it cannot verify eligibility. The employer should review the concern promptly with counsel and respond accurately.
Talk with an H-1B Lawyer
Shihab Burke LLC Immigration Lawyers can help employers prepare a site-visit response procedure, review H-1B compliance, and respond to USCIS notices. Contact our Columbus or Dublin, Ohio office, or call 866-665-0001, to schedule a consultation in person, by phone, or by video conference.
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