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H-1B Audit Expectations & Etiquette

In most instances, the Employer will receive written notification approximately one week prior to the scheduled start of an H-1B Audit. An Employer undergoing an H-1B Audit should expect additional documents and information to be requested through the course of the investigation, and should be prepared to provide the materials in a timely fashion. Please be aware that there may be circumstances where no advance H-1B Audit notification will be provided to an Employer.

Providing a comfortable environment for an Investigator to conduct the audit, as well as all requested materials in an organized and timely fashion, will help demonstrate an Employer’s good-faith intention toward H-1B program compliance. There is an expectation of voluntary compliance, and it will behoove the Employer to proactively take any steps required to comply with all requests. It is important that an Employer engage legal counsel to ensure appropriate compliance.