In 2026, U.S. Citizenship and Immigration Services (USCIS) has significantly expanded employer site visits, compliance audits, and worksite inspections, marking one of the most aggressive enforcement shifts in recent years. The expansion impacts employment-based visa holders, sponsoring employers, startups, universities, healthcare systems, and multinational companies alike.
Visa Categories Most Affected
- H-1B (Specialty Occupation): Still the top target — especially third-party placements, consulting firms, and off-site work locations
- L-1 (Intracompany Transferees): Officers focus on managerial authority, executive duties, and qualifying corporate relationships
- O-1 (Extraordinary Ability): Scrutiny includes actual role vs. petition claims, itinerary accuracy
- Employment-Based Green Cards: Including PERM-based cases and EB-1C multinational executives
- Startup & Investor-Related Filings: USCIS closely reviews early-stage companies and job creation claims
What Happens During a Site Visit?
Officers may verify company address and operations, confirm job title and duties, interview supervisors and HR, request proof of wages, and inspect workspaces. Both workers and managers may be questioned about daily duties, supervision structure, work location, hours, and payment.
Remote Work: A Major Risk Area in 2026
Remote and hybrid work has become the number one compliance issue. Common problems include unreported worksite changes, inconsistent supervision descriptions, outdated job location data, and offsite third-party work. USCIS officers now routinely verify home-office arrangements, question supervision models, and flag discrepancies between filings and reality.
Common Compliance Failures USCIS Flags
- Job duties drift — actual duties differ from petition descriptions
- Location mismatch — employee works somewhere not listed in filings
- Wage discrepancies — pay differs from what was promised
- Weak supervision — managerial oversight cannot be demonstrated
How Employers Can Prepare
- Align reality with filings: Ensure job duties, locations, and wages match filings exactly
- Train HR and managers: Staff should know the visa category, role details, and supervision structure
- Prepare foreign workers: Workers should understand their job description and reporting structure
- Document everything: Maintain updated payroll records, job descriptions, and organizational charts
Key Takeaway
Employment-based immigration now includes active workplace enforcement. Compliance is no longer optional or passive. Employers and workers must plan proactively, align filings with reality, and treat site visits as routine risk.