The way the government checks employers has changed a lot. In 2026, the USA Employer Sponsorship Audit Process is not random anymore. Now, it uses new systems like Project Firewall and a Wage-Weighted Selection System. The government looks at data very carefully to find problems. This is a strong and smart way of checking companies.
If your company sponsors workers on H-1B, L-1, or H-2B visas this year, your Public Access Files (PAF) and payroll records are checked very closely with computers. This simple guide gives you important information and new 2026 details. It helps your company avoid big problems and stay away from the Willful Violator List.
The 2026 Enforcement Framework (NLP Entities)
In 2026, many government agencies work together to check employer sponsorship. It is important to know who can come to audit your company. This helps you get ready and defend yourself better.
- Project Firewall (H-1B Enforcement) The Department of Labor (DOL) started Project Firewall to protect American workers first. This program lets the Secretary of Labor decide to start an investigation when there is a good reason, called “reasonable cause.” It makes the checks stronger for H-1B visas.
- FDNS Site Visits (Fraud Detection and National Security) USCIS has a team called FDNS. They do surprise visits to your office. These are called “knock-and-talk” audits. The officers check if the real job duties match what you wrote in the Form I-129 petition. They want to make sure there is no fraud.
- WHD Immigration Investigations The Wage and Hour Division (WHD) looks at wages very carefully. They check if you pay the “Actual Wage” the same for foreign workers and U.S. workers. In 2026, they focus a lot on “benching.” Benching means not paying workers when they have no work to do. This is a big violation now.
- VIBE (Validation Instrument for Business Enterprises) VIBE is a computer system. It checks your company’s address, money (revenue), and number of employees. It compares this information with other business data from outside sources. If something looks fake, like a “shell” company with no real business, it raises a red flag.
Audit Triggers: Why Your Company Was Selected
Most audits in 2026 happen because of problems in the data, not by luck or random choice. The government uses computers to find differences and mistakes.
- Wage-Weighted Discrepancy When you register for the H-1B lottery, you pick a wage level. A higher level (Level 4) gives more chances to win the lottery. But if you say a high wage during registration and then the job duties in the petition look like a beginner job, the government will notice. This mistake often starts an audit right away.
- LCA “Posting” Verification This is a common error. When you file the Labor Condition Application (LCA, Form ETA-9035E), you must post it at the worksite for 10 business days. You need to keep proof that you did this. If you forget to save the proof, auditors can easily find this problem and use it against you.
- The $100,000 Fee Exemption In 2026, there is a new big H-1B Entry Fee. Some companies say they do not have to pay it because of an exemption. USCIS checks these claims very hard now. They want to make sure no one avoids paying this large fee.
- H-1B Amendment Audits Many people work from home now. If the worksite changes (even moving to a home office), you must file an amendment. If you do not file it, this is the top reason for a site visit in 2026. Remote work rules are strict, so always update your papers.
The “Public Access File” (PAF) Essentials
Your Public Access File must be ready for checking one business day after you file the LCA. In 2026, the government likes digital files that are easy to see. Here are the most important things to keep in your PAF:
- Actual Wage Memo This paper explains how you decided the salary for the visa worker. It shows the comparison with similar U.S. workers in your company.
- Prevailing Wage (ETA-9141) This is proof that you pay at least the minimum wage set by DOL for that area in 2026. You must follow the local market rates.
- Benefits Equality Statement You need to show that foreign workers get the same benefits as U.S. workers. This includes health insurance, bonuses, paid time off, and other extras.
- Successor-in-Interest If your company merges with another or buys it, you need legal papers to prove the sponsorship can continue. This transfers the responsibility correctly.
Keep all these documents organized, preferably in digital format, so you can show them quickly.
Site Visit Protocols: When the Officer Arrives
When an FDNS officer comes to your office without warning, stay calm and follow these important steps:
- Credential Verification Always ask the officer to show their official ID. Write down their name and badge number. This is your right.
- The “Gatekeeper” Strategy Choose one person from HR or your legal team to talk to the officer. This person is the only one who speaks for the company. Do not let the officer walk around the office alone.
- The Interview Prep Officers often ask managers questions about the worker. For example, they ask who the employee reports to. If the manager says, “I don’t know,” it can cause big problems. It may lead to a Request for Evidence (RFE) or even a plan to cancel the visa.
Tip: Mind the “Digital Footprint”
Before they visit, officers often look at LinkedIn and Glassdoor. If your worker’s LinkedIn says “VP of Sales” but the LCA says “Market Research Analyst,” this mismatch is a serious problem. Make sure all public information matches your official visa papers exactly.
Stay Compliant or Face Debarment
The rules in 2026 are very strict for companies that sponsor foreign workers. One small mistake, like a “Notice of Deficiency,” can put your company on the Willful Violator List. If that happens, you cannot sponsor any new workers for up to five years. This hurts your business a lot.
Follow all the rules carefully. Keep good records. Train your team. Check your files often. This way, you can avoid audits or handle them well if they come.
Would you like me to write a “10-Step Response Protocol for FDNS Site Visits” or a “2026 Digital PAF Content Checklist” for your team?
Disclaimer: This article is only for information and education. Please always check the latest rules from official places like the Department of Labor (DOL) or USCIS before you make any decisions about compliance or law.