Preparing for DHS Worksite Inspections: What Employers Sponsoring H-1B, L-1, or PERM Employees Need to Know

In recent years, the Department of Homeland Security (DHS) and the U.S. Citizenship and Immigration Services’ (USCIS) Fraud Detection and National Security Directorate (FDNS) have significantly increased the number of unannounced worksite inspections targeting employers that sponsor foreign workers under H-1B, L-1, or the PERM labor certification process.

If your organization employs or plans to employ foreign nationals under these programs, it is essential to understand what these inspections entail, what the officers are looking for, and how to ensure your business remains compliant.

Who Is Subject to a Site Visit?

FDNS site visits are generally triggered by:

• New H-1B or L-1 petitions, especially for smaller companies or those hiring foreign nationals for the first time.

• Amended petitions due to changes in job location, duties, or compensation.

• PERM-based green card sponsorship, particularly during or after the recruitment phase.

• Random selection, even if your company has a strong compliance history.

These visits can occur at the business’s headquarters, branch offices, or even at third-party worksites where the sponsored employee is placed.

What Do Officers Look For?

During an FDNS inspection, officers may:

• Verify the foreign national’s employment and job duties.

• Confirm the physical work location and whether it matches the petition.

• Interview HR representatives, direct supervisors, and the foreign national.

• Review public access files (H-1B) or related employment documentation.

• Examine compliance with wage, location, and supervision requirements.

Even minor discrepancies between what was filed and what is observed can result in serious consequences, including a revocation of the petition or delays in future filings.

Common Red Flags That Can Trigger an Audit

Officers are trained to identify signs of potential fraud or non-compliance, including:

• Mismatches between job duties and the employee’s qualifications.

• Work locations that do not match the petition.

• Lack of supervision or evidence of "benching" (unpaid periods).

• Failure to produce public access files or relevant employment documents upon request.

Best Practices for Employer Compliance

To prepare your company for a possible inspection, consider the following:

Best Practice	Why It Matters
Conduct regular internal audits	Ensures documentation is accurate and up to date
Train HR staff and managers	Helps them respond confidently and appropriately during inspections
Maintain organized public access files	Required by law for H-1B compliance
Keep clear records of employee duties and location	Prevents discrepancies during interviews
Partner with immigration counsel	Supports strategic planning and risk mitigation

How Canero Fadul Reis Law Can Help

At Canero Fadul Reis Law, we guide employers through every aspect of business immigration, from petition filing to ongoing compliance. Our team helps clients create proactive immigration policies, train staff on inspection procedures, and conduct internal audits to ensure all documentation is aligned with government expectations.

We understand that DHS visits can be stressful—but with the right preparation, your company can meet them with confidence.

📞 Need assistance preparing for a site visit? Schedule a consultation with our team today to review your current immigration strategy and compliance protocols.