What H-1B Workers Should Know About USCIS Home Site Visits

Remote and hybrid work arrangements have become standard, resulting in H-1B employees performing their jobs from home offices listed as authorized worksites in labor condition applications and visa petitions.

At the same time, the Fraud Detection and National Security Directorate at U.S. Citizenship and Immigration Services (USCIS) continues to conduct site visits to verify compliance with H-1B requirements — including at employees’ homes. While such visits can be unsettling, they are often routine reviews intended to confirm that petition details, job duties, and employment conditions are accurate.

Felipe Jimenez, an attorney at Reddy Neumann Brown in Houston, explained what H-1B workers should do if USCIS shows up at their door. Understanding how home site visits work and how employees should respond can help avoid unnecessary anxiety while ensuring compliance with immigration regulations.

Can USCIS Show Up Without Notice?

Jimenez: Yes. If your residence is listed as an authorized worksite on the labor condition application or H-1B petition, USCIS may conduct a verification visit.

USCIS officers typically conduct unannounced site visits. Employees often receive no advance warning that an officer intends to visit. Most visits occur during normal business hours. If the employee is unavailable, the officer may leave contact information and request a return call or follow-up interview. Because visits are usually unexpected, employers should educate remote employees about the process and ensure they know whom to contact if USCIS arrives.

What Questions Can Be Expected?

Jimenez: USCIS officers generally focus on verifying the information contained in the H-1B petition. Common questions include:

• What company do you work for?
• What is your job title?
• When did you begin employment?
• Who is your supervisor?
• How many hours do you work each week?
• Are you employed full-time?
• What are your primary responsibilities?
• What projects are you currently working on?
• What technologies, tools, or systems do you use?
• Who assigns your work?
• Do you work from this address?
• Is this your primary work location?
• Do you report to another office?
• Do you work at client locations?
• What is your current salary?
• Are you paid hourly or salaried?
• Do you receive employee benefits?

The purpose of these questions is to confirm that the employee’s actual employment matches the representations made to USCIS.

Are Employees Required to Answer Questions?

Jimenez: This is one of the most misunderstood aspects of site visits. Generally speaking, visits are administrative compliance reviews rather than criminal investigations. There is typically no legal requirement that an employee answer every question posed by an officer. However, employees are strongly encouraged to cooperate in verifying basic employment information. Refusing to answer routine employment-related questions may cause USCIS to seek additional information from the employer or issue a request for evidence.

Employees should answer truthfully regarding matters within their personal knowledge. If they do not know the answer to a question, they should simply state that they do not know rather than speculate or guess.

Can USCIS Enter an Employee’s Home?

Jimenez: Another common misconception is that USCIS officers can simply enter a private residence whenever they choose. In most circumstances, officers do not possess a judicial warrant and cannot force entry into a private home. Employees generally have the right to decide whether to allow an officer inside. Regardless of whether entry is permitted, employees should remain courteous and immediately notify their employer about the visit.

Can USCIS Ask to See an Employee’s Work Area?

Jimenez: Yes. If an employee voluntarily permits an officer to enter the residence, the officer may request to see the workspace used for remote employment.

The officer may want to confirm:

• The existence of a legitimate remote work setup.
• The presence of work-related equipment.
• That the employee is actively working in the sponsored position.
• That the remote arrangement is consistent with the H-1B petition.

Can USCIS Inspect Work Devices?

Jimenez: This is often the greatest concern for employees who work with proprietary or sensitive information. An officer may ask an employee to describe ongoing work or demonstrate that they are actively employed. However, employees should not disclose confidential information in violation of company policies, client agreements, privacy laws, or contractual obligations. If an employee’s work is performed on a client-issued device or involves restricted information, the employee should explain that access is governed by confidentiality obligations and offer to connect the officer with the employer’s designated representative.

What Documentation Should an Employee Be Prepared to Provide?

Jimenez: Employees should be prepared to verify basic employment information. Officers may request documents such as recent pay statements; employment verification letters; company identification badges; Forms W-2; H-1B approval notices; and employer contact information.

However, these documents are often available through the employer and are not necessarily required to be maintained at the employee’s residence. Employees should also be prepared to present government-issued identification if requested.

Any Final Tips for Employees During USCIS Home Site Visits?

Jimenez: Remain calm, respectful, and professional, but verify the officer’s identification.

Provide accurate job descriptions. Employees sometimes describe their responsibilities differently than what appears in the H-1B petition. While job duties naturally evolve over time, employees should be able to accurately explain the work they perform and ensure that their descriptions remain generally consistent with the sponsored position. Don’t guess if unsure about something. Providing inaccurate information can create inconsistencies that generate unnecessary scrutiny.

Do not disclose proprietary, client-protected, or legally restricted information without proper authorization and notify your employer as soon as possible.