January 6, 2026 update: A USCIS policy memo issued on January 1, 2026, expanded the USCIS pause and re-review of previous approvals to include all countries listed in the expanded travel ban. The current list of affected citizens/nationals may be found in our post...
On October 16, 2025, the Department of Homeland Security (DHS) began assessing and collecting a $1,000 parole fee pursuant to its announcement in the Federal Register. Unless an exception applies (see below), the parole fee will attach when a foreign national’s parole...
As discussed in prior posts, President Trump recently signed a proclamation restricting the entry of H1B nonimmigrant workers unless their petitions are accompanied by a new $100,000 fee. On October 20, 2025, USCIS issued additional guidance on the applicability of...
On September 24, 2025, the Department of Homeland Security (DHS) published a Notice of Proposed Rulemaking (NPRM) that would change the way annual H-1B cap lottery selections are made. The announced change would, in years when demand for new H-1B visas exceeds the...
Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case. UPDATE 09/24/2025Since President Trump released his proclamation on Friday, September 19, 2025, imposing a $100,000 fee on...
Update: On June 16, 2025, the New York Times reported that 36 additional countries are under consideration for adding to the ban. Original post:On June 4, 2025, President Trump issued the Proclamation, Restricting the Entry of Foreign Nationals to Protect the United...
The Alien Registration Requirement regulation (including Address Change requirements) went into effect on April 11, 2025 (with a 30-day deadline to comply) and carries stiff penalties for non-compliance, including the possibility of criminal prosecution and removal...
Effective January 8, 2025, U.S. Citizenship and Immigration Services (USCIS) published an update to its Policy Manual, providing clarity and consolidation of existing policy on how USCIS evaluates evidence for O-1 eligibility. These Policy Manual updates provide...
On January 17, 2025, U.S. Citizenship & Immigration Services (USCIS)’s H-1B modernization regulation took effect, covering several H-1B-related subjects (89 FR 103054, 12/18/24). In this blog post, we take a closer look at the regulation’s provisions relating to USCIS investigations and worksite visits to enforce H-1B compliance, at 8 CFR 214.2(h)(4)(i)(B)(2). This updates our prior blog posts in 2009, 2017, 2019, and 2024 on H-1B worksite visits.
Summary
The final rule delineates USCIS’s authority and companies’ compliance requirements for H-1B site inspections. Per the Final Rule, USCIS at any time after filing of the petition, including after petition approval, may conduct unannounced site visits, hold interviews of petitioners, beneficiaries, or third parties without the presence of counsel, and may perform investigations to verify that the information in the H-1B petition is/was true. Failure or refusal to cooperate in a site visit may result in denial or revocation of the H-1B petitions of any H-1B workers at the work site in question. Most details of the site-visit regulation are codifications of pre-existing USCIS practice from 2009 to the present.
No advance notice of site visit
The regulation allows USCIS to perform on-site inspections, without notice, as needed to verify the facts asserted in an H-1B petition. To be prepared for an unannounced site visit, employers may wish to instruct their reception staff on a protocol to follow.
