Audit H-1B worksite files before a field check or whistleblower tip

The deadline is the knock on the door

If a field check or a whistleblower tip lands, the first question is whether the sponsored employee is actually working where the petition says. Audit the file now.

The U.S. In a Wednesday X post, the U.S. Department of Labor Office of Inspector General warned H-1B fraud participants to “count your days” and described how it works with the public, whistleblowers, and its own investigators to identify fraud.

Inspector General Anthony D’Esposito said the hotline saw a large increase in information after interviews and social media posts about the H-1B/PERM probe.

The July-announced probe targets alleged fraud, human trafficking, and abuse in the H-1B and PERM programs, with investigators identifying schemes involving false applications, wage kickbacks, and labor brokers.

In August, Dallas field checks included a multi-office building tied to more than 500 approved H-1B applications, and the agency reported that many offices in that building looked unused, with doors locked and lights off.

Rep. Beth Van Duyne characterized “ghost” workplaces in North Texas as nearly empty addresses that purportedly listed hundreds of visa workers.

The probe extends beyond technology to alleged abuses in healthcare and other industries.

On a September 9 podcast appearance, the inspector general explained the Department of Labor’s fraud-mitigation partnership and the outcomes of the targeted H-1B investigation.

The audit question is whether the file can answer those questions before the inspector asks. The pattern is easy to spot: an address that does not match the petition, a duty that no longer matches the LCA, or a payroll record that does not line up with the petition. Close those gaps before an inspector finds them.

The file must prove the hire is real

A tip usually starts with a person, a place, or a paycheck. The records need to answer those questions before the first phone call.

The rule is simple: the petition and the LCA, the wage filing for the role, describe a job, a place, a wage, and a relationship. The worksite file needs to show that the sponsored hire is matching that description, not just holding a visa.

Use the checklist below in the order an inspector will ask the questions. Each item is a quick test, and each gap should be fixed before the next phone call.

Do not audit only the newest hire. A tip can target an older file, so pull the original petition, the wage filing, and the current payroll record for each sponsored employee. If the employee changed roles, pull the old role too.

Keep the audit separate from the immigration file. The immigration file shows what was filed. The worksite file shows what is happening now. If the two disagree, the worksite file is the one that needs fixing first.

Assign one owner per file. That person should be able to open the file, find the current address, the current supervisor, and the current pay record without asking someone else to remember it.

Treat the audit as a records exercise, and assign it to someone who can explain why the file is complete, not only where the documents are.

The audit starts with the address

• Worksite address and occupancy. Confirm the address matches the petition, lease or occupancy agreement, badge access, and a current desk or remote-work record. Location is often the first trigger.
• Duty match. Compare the job description, project tasks, and LCA duties to the same role, not a generic title. A new project can change the job.
• Supervision. Identify the direct supervisor, reporting line, performance review, and who controls day-to-day work. Control is the employer test.
• Pay and wage records. Pull pay stubs, payroll registers, time records, and any required wage disclosures for the period under review. Pay is the fastest way to test the job.
• Third-party arrangements. Document broker, staffing, or client-site terms, including who pays, who directs, and who is the employer of record. A broker can hide the real employer.
• Change-of-circumstance paper. File notices, approvals, and updated petitions or amendments for new sites, new duties, or new employers. A change can void the old file.

A clean file should let a new manager reconstruct the hire from the documents alone, without a phone call to a former supervisor. If one item fails, stop and correct the record before moving to the next hire. If the file is thin, do not wait for the next filing season. Fix the gap, note the date, and keep the correction with the original petition before the next field check.