How to Prepare for DOL Site Visits for H-1B Employers and Compliance Audit Preparation

Surprise visits are on the rise. Here’s what HR teams need to know and prepare for DOL site visits for H-1B employers, and your compliance audit preparation guide.

Why the DOL Conducts Site Visits

The Department of Labor (DOL) is conducting more unscheduled site visits as part of its efforts to enforce compliance with H-1B visa regulations. These visits typically involve the Wage and Hour Division (WHD) verifying that:

• The foreign national employee is working at the location listed in the LCA

• The job duties match the petition filed

• The salary being paid meets or exceeds the wage stated

• Required documents like the Public Access File (PAF) are readily available

These audits are not just about paperwork — they’re about verifying that actual practices match what was declared to the government.

What DOL Officers Look for During a Site Visit

During a visit, an investigator may:

• Ask to speak with the foreign national employee

• Confirm the work location and duties

• Interview HR or managers about job responsibilities and pay

• Request access to payroll records and the Public Access File (PAF)

• Inspect posted notices related to the Labor Condition Application (LCA)

These visits can happen with no advance notice. And while they’re often short, if discrepancies are found, the employer may face penalties or even disqualification from sponsoring future H-1Bs.

Designate a Site Visit Point of Contact

Make sure the front desk or receptionist knows who to contact if a DOL officer arrives.

This person should:

• Be briefed on DOL site visit protocol

• Know the location of the Public Access File (PAF)

• Ask for and verify the officer’s identification and agency credentials

• Take down the officer’s name and business card for records

As soon as a site visit occurs, contact your legal counsel or WayLit for guidance. Prompt coordination helps ensure consistent, compliant responses.

How to Prepare for DOL Site Visits for H-1B Employers and Compliance Audit Preparation

1. Keep the Public Access File Updated 

Make sure your PAF includes:

• A copy of the LCA

• Documentation of the wage determination

• A summary of benefits offered to U.S. workers and H-1B workers

• Posting notices and where they were displayed

2. Confirm Worksite Locations 

Verify that all employees are working in locations listed in their LCAs. If someone moved or is working remotely from a new city, this may require a new LCA or an amended petition.

3. Educate Managers 

Ensure frontline managers understand that H-1B workers must stick to the role and location listed. Even small changes can trigger compliance concerns.

4. Review Job Duties and Titles 

Make sure job responsibilities still match what was submitted in the H-1B petition. If things have shifted over time, update the file or consult your immigration counsel.

5. Organize Payroll and Time Records 

These should match what was reported. For example, if you promised a 40-hour week, don’t have 25-hour logs on file.

6. Know What’s in Your Immigration Files 

Stay familiar with the details of each H-1B employee’s petition. If a DOL officer asks questions, you should be able to answer without delay.

🔎 Pro Tip: If the officer requests a tour, guide them only to the areas where the H-1B employee works. You’re not required to provide access to secure or unrelated spaces.

Final Thoughts on DOL Site Visits for H-1B Employers and Compliance Audit Preparation

Site visits are not just a formality—they are a key part of how the DOL enforces immigration compliance. HR teams should treat them as serious business, with the same level of readiness as a financial audit.

Preparing now can mean the difference between a quick inspection and a long, stressful investigation. And most importantly, it builds confidence and trust among your visa-holding employees.

HR can’t carry the entire immigration compliance burden alone. It requires coordination across facilities, IT (for remote access verification), people managers, and legal. A surprise visit doesn’t have to be a disaster if your systems are up to date.

WayLit helps HR teams automate immigration compliance, track changes, and prepare for audits — so you’re not caught off guard.

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Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult a WayLit-affiliated attorney or another qualified professional.