Our petition was approved. What do we have to keep doing as the employer?
Approval does not end the employer’s immigration compliance responsibilities. Employers should continue to:
- Follow the terms of the approved petition
- Maintain required immigration and employment records
- Complete and update Form I-9 when required
- Monitor changes to the employee's role, work location, compensation or other employment conditions that could require additional immigration action
For H-1B, L-1 and employment-based green card cases, it is also important to keep information about the employee’s position, duties and employment history accurate and consistent across future filings.
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Related questions
Possibly — an amended H-1B petition may be required if the change materially affects the employment terms or eligibility described in the existing petition. Examples include significant changes in job duties, a switch from full-time to part-time employment, or a worksite move outside the area covered by the existing Labor Condition Application, subject to applicable exceptions.
A routine raise, title change, or move within the same area does not automatically require an amendment, although notice and wage requirements may still apply. Review the proposed change before it takes effect so any required LCA, notice, and amended petition can be handled on time.
| Generally requires an amended petition | Generally does not |
|---|---|
| A significant change in job duties | A routine raise |
| A switch from full-time to part-time | A title change with no change in duties |
| A worksite move outside the area covered by the existing LCA | A move within the same area of intended employment |
There is no reliable percentage that predicts whether a particular H-1B employer or employee will receive a worksite visit. USCIS may conduct unannounced site visits to verify information in the petition, including the work location, job duties, hours and salary. Separately, the Department of Labor has increased H-1B compliance enforcement through initiatives such as Project Firewall.
Employers should keep the following accurate and consistent:
- Petition documents
- Wage records
- Worksite information
- Actual job duties
Employers should also have a procedure for responding to a visit. An approved petition does not eliminate the possibility of a later compliance review.
Yes. A proactive immigration compliance audit can help identify problems before they surface during a government inspection, including:
- Form I-9 record errors
- Petition and LCA compliance gaps
- Inconsistencies across immigration and employment records
Some issues can be corrected or documented when identified early, while others may require additional immigration action. Regular audits and training can also help prevent the same problems from recurring.
See how your own record reads.
We research what is publicly findable about your work and read it against the O-1 and EB-1A criteria, with a source behind every finding. Two to four minutes, and no email to start.