Yes. The Department of Labor (DOL) has authority to audit employers who hire through the H-1B program and verify whether the conditions and obligations stated in the petition are being met.
These investigations can be opened in two ways: on the agency’s own initiative or based on complaints filed by current employees, former employees, or third parties. The goal is to ensure that the foreign worker receives what was agreed upon and that the labor market remains fair, preventing international hiring from being used to undercut working conditions.
In practice, audits typically focus on points such as the declared working conditions, the wages actually paid, and the consistency between what was presented in the petition and the reality of the job. Keeping documentation organized and information consistent is the best way for an employer to get through a potential review without problems.
If you suspect irregularities in your employment relationship, avoid promises of quick fixes and seek guidance from reliable sources or a qualified professional to understand your rights.
Learn more about H-1B
- Initial validity
- 3 years
- Extension
- Up to 6 years total
- Annual cap
- 85,000 visas
- Processing
- 6-12 months
About the author
Victoria Harper
Editor-in-Chief
As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.