The federal government is taking a closer look at work visa programs. That makes now a good time to check how your company handles H-1B rules.

In July 2026, the Department of Labor’s internal watchdog (its Office of Inspector General) said it is investigating fraud and worker abuse (such as fake applications and schemes where workers are forced to pay back part of their wages) in the H-1B program and the PERM green card process.

The question is simple: Does your visa paperwork, payroll records, and employees’ real jobs all match? Focus on the following four areas.

1. Files the public can see. Before hiring an H-1B worker, employers file a form called a Labor Condition Application (LCA). Within one working day after filing, you must have certain records ready for possible inspection. Check that each file includes the LCA, the wage being paid, an explanation of how you set pay, proof of the local “prevailing” wage, and proof you posted the required notice. Keep private employee records out of these files.

2. Pay, including downtime. H-1B workers usually must be paid the higher of two amounts: (1) the going rate for the job in that area or (2) what you pay similar coworkers. If the company has no work for them because of, for example, a gap between projects, the company generally still must pay them. HR and payroll should review with counsel any unpaid time, reduced hours, or pay deductions to spot potential compliance problems.

3. Work location and job changes. Check with your immigration team before letting an H-1B worker go remote, move, or take on different duties. If the worker moves outside the area the current LCA covers, with some exceptions, the company usually needs a new LCA and an updated H-1B filing. Other big job changes may need an updated filing as well. Managers should understand that everyday decisions like these can affect a worker’s visa.

4. Be ready for the government’s questions. Pick one person to handle government requests and work with your immigration lawyer, HR, and payroll. Make sure you can quickly access visa filings, pay records, and work location details. Anyone answering a request should know exactly what is being asked and respond with accurate facts (do not guess).

A quick internal audit now can help you find and fix problems with a lawyer before the government asks. Adding an immigration check to regular payroll, relocation, and HR steps can also keep the problems from coming back.

Jackson Lewis attorneys are ready and available to assist you in keeping your company in compliance with all Immigration and labor rules and regulations.