H-1B Visa Fraud: Why US Authorities Are Carrying Out Surprise Site Visits

United States immigration authorities have begun conducting unannounced inspections of workplaces employing H-1B visa holders, intensifying enforcement of compliance requirements under the federal visa programme.

The inspections are carried out by officers from the Fraud Detection and National Security Directorate (FDNS), operating within US Citizenship and Immigration Services (USCIS). Through the Administrative Site Visit and Verification Programme, officers assess whether employers and visa holders are meeting the conditions set out in approved petitions and labour filings.

During site visits, FDNS officers review employment records, examine publicly available information, and interview company representatives. They may also speak directly with the H-1B employee or carry out electronic verification. The purpose is to confirm that job duties, work locations, and wages align with the information submitted to USCIS, without prior notice to the employer.

Employers are required to cooperate fully. Refusal to do so may result in the denial or revocation of visa petitions. Following each visit, officers prepare a compliance report, which is used by USCIS when making future adjudication decisions involving the employer or individual worker.

Common compliance concerns include differences between reported and actual wages, employees performing duties outside the scope of their approved role, or work being carried out at locations not listed in the Labour Condition Application. Findings of this nature can affect both individual visa holders and an employer’s ability to participate in the programme.

The increased enforcement follows actions taken by senior lawmakers and federal agencies in recent months. In September, Senate Judiciary Committee leaders Chuck Grassley and Dick Durbin sent inquiries to major companies regarding their use of the H-1B programme. By November, federal authorities had launched investigations into employers suspected of non-compliance.

These efforts are linked to Project Firewall, a Department of Labor initiative introduced last autumn to address misuse of employment-based visa programmes. As part of the initiative, the Secretary of Labor authorised 175 investigations into potential violations.