When hiring foreign talent, following U.S. immigration laws is more than a requirement it is essential for smooth operations and risk control. In many cases, Requests for Evidence (RFEs) and immigration audits can slow business processes, delay visa approvals, and even lead to penalties or reputational issues.
Therefore, this guide offers a clear HR compliance checklist to help employers prevent RFEs and audit triggers by strengthening documentation, improving transparency, and staying proactive.
Understanding RFE and Immigration Audits
What is an RFE?
A Request for Evidence (RFE) is issued by U.S. Citizenship and Immigration Services (USCIS) when additional information or clarification is needed before a visa petition can be approved.
Common reasons include:
- Incomplete or inconsistent documentation
- Unclear job descriptions or employment duties
- Failure to prove eligibility for the visa classification
RFEs delay processing and can jeopardize visa outcomes if not addressed promptly and accurately.
What is an Immigration Audit?
An immigration audit is a comprehensive review conducted by agencies such as the U.S. Department of Labor (DOL), Immigration and Customs Enforcement (ICE), or USCIS. These audits verify compliance with immigration and labor laws, focusing on:
- Wage and hour documentation
- Public access files (for H-1B)
- I-9 records and work authorizations
- Labor Condition Applications (LCAs)
- Worksite locations and job role consistency
Audits can be triggered by random checks, employee complaints, or data inconsistencies between filings.
What does RFP (Request for Payroll/Program) mean?
While RFEs and audits are most common, HR teams should also be aware of Requests for Payroll or Program (RFPs) typically part of a DOL investigation. These require employers to submit payroll data and program records to confirm wage compliance. Unlike RFEs, RFPs rarely occur alone they appear as part of larger audits.
Key Compliance Risks for Employers
Employers face several compliance risks that could lead to RFEs or audits:
- Incomplete or inaccurate petitions or applications: Errors in job descriptions, missing documentation, or insufficient supporting evidence.
- Failure to maintain proper records: Missing Form I-9s, expired work authorizations, or inadequate reporting practices.
- Non-compliance with prevailing wage requirements: Paying below the mandated wage levels can lead to audits or enforcement actions.
- Failure to report material employee changes: Unreported address changes, promotions, or job duty modifications may create discrepancies.
- Rapid workforce expansion without compliance oversight: Scaling quickly without structured monitoring processes increases risk.
Note: To avoid this, HR teams should take a proactive approach by integrating compliance into daily operations and reducing risks.
HR Compliance Checklist for Visa Holders
Below is a checklist HR professionals should follow to reduce the likelihood of audits and RFEs:
Documentation
✔ Ensure all visa applications are complete and accurate
✔ Keep copies of job descriptions aligned with visa petitions
✔ Maintain updated I-9 forms and supporting documents
✔ Record and store employment authorizations securely
✔ Verify consistency between petition filings and employee offer letters/contracts
Maintain copies of all USCIS/DOL correspondence (e.g., RFEs, approvals, audits)
Wage and Labor Compliance
✔ Pay prevailing wages as required by visa rules
✔ Document compensation adjustments and promotions
✔ Avoid unauthorized deductions from wages
✔ Ensure public access files (for H-1B) are complete and up to date
Recordkeeping
✔ Maintain personnel files with proper documentation
✔ Track visa expiration dates and renewal schedules
✔ Implement a centralized document management system
✔ Archive terminated employees’ records in line with retention requirements
✔ Store copies of Labor Condition Applications (LCAs) and PERM filings
Communication & Training
✔ Educate hiring managers on visa requirements
✔ Train employees on work authorization policies
✔ Establish escalation procedures for compliance concerns
✔Provide annual refresher training on I-9 and immigration rules
✔Communicate compliance responsibilities clearly to foreign employees (e.g., travel restrictions, address
Reporting
✔ Update government agencies on employment changes as required
✔ Audit internal processes periodically for compliance gaps
✔ Notify USCIS/DOL of material changes in job duties, locations, or salary
✔ Keep immigration counsel updated on any organizational restructuring
Monitoring & Audits
✔ Conduct regular internal audits of I-9s and immigration files
✔ Review vendors/third-party contractors for immigration compliance
✔ Develop a response plan in case of a government site visit (DOL or USCIS)
How to Avoid RFE Triggers in Visa Applications
Preventing RFEs starts with precision. Here’s how to avoid common triggers in your visa application:
- Provide clear job duties: Avoid vague descriptions that do not align with visa classification.
- Submit detailed organizational charts: Show how the position fits within the company structure.
- Demonstrate the necessity of the role: Explain how the employee’s skills are essential for the project.
- Align educational qualifications: Ensure the jobs requirements are consistent with the employee’s education and experience.
- Address potential discrepancies: Explain employment gaps or conflicting information proactively in cover letters.
Note: Thorough documentation and anticipatory explanations can prevent RFEs from arising.
Best Practices During an Audit
If an audit is triggered, HR’s response can determine the outcome. Here’s how to stay prepared:
- Respond within deadlines and maintain transparency
- Provide organized and easily accessible documentation
- Work closely with legal counsel to address complex issues
- Communicate regularly with employees under review
- Avoid destroying or altering documents, which could be construed as tampering
Case Studies
Case Study 1: Wage Discrepancy
A mid-sized tech firm failed to adjust an H-1B employee’s wage after a promotion. During an audit, the discrepancy led to fines and reputational scrutiny.
Solution: Implement automated systems that flag wage changes.
Case Study 2: Incomplete Application
A healthcare provider submitted an L-1 visa application without full education verification. USCIS issued an RFE, delaying the project by six months.
Solution: Establish a pre-submission checklist and verification process.
Common Mistakes HR Must Avoid in Immigration Compliance
Even with the best intentions, HR teams can fall into compliance traps that lead to serious consequences. Some of the most common mistakes include:
1. Ignoring Expiration Alerts: Missing deadlines for visa renewals, work permits, or I-9 reverifications can result in employees working without valid authorization, exposing the company to penalties and reputational risks.
2. Allowing Unauthorized Overtime: Certain visa categories (like H-1B) have strict wage and role requirements. Allowing foreign employees to work outside approved hours, roles, or conditions can be considered a violation of labor and immigration laws.
3. Poor Inter-Department Coordination: Lack of communication between HR, legal, finance, and business units often leads to errors in wage reporting, job role descriptions, or compliance filings. Coordinated workflows are essential for accuracy and accountability.
4. Lack of Training on Immigration Requirements: Without proper training, HR staff and managers may unintentionally mishandle immigration-related tasks. This not only increases the risk of mistakes but also undermines employee confidence in the organization’s compliance practices.
Note: Learning from these common mistakes helps HR teams build stronger systems, avoid unnecessary risks, and ensure smoother immigration processes.
Future of HR Compliance in Visa Management
The immigration landscape is evolving at a rapid pace. With the rise of digital petition filings, automated compliance tools, and stricter government enforcement, HR teams must modernize their practices to stay compliant and competitive. Technologies such as AI-driven analytics and workflow management platforms are becoming essential to minimize human error, streamline visa processes, and ensure timely tracking of critical deadlines.
At the same time, increasing concerns around employee privacy and data protection regulations require HR professionals to strike a careful balance between transparency and confidentiality.
Looking ahead, organizations will need to:
- Integrate compliance software with HR systems: Centralized platforms help accurately monitor visa statuses, expiration dates, LCAs, and documentation.
- Establish cross-functional collaboration: Legal, payroll, HR, and talent acquisition teams must align closely to manage end-to-end compliance processes.
- Prepare for real-time, data-driven audits: Regulatory agencies are increasingly using AI and analytics to conduct instant checks, making proactive compliance a necessity.
- Implement continuous training and policy updates: Keeping HR and hiring teams informed of evolving immigration rules ensures programs remain effective and audit ready.
In 2025, USCIS increased the use of digital audit trails and expanded unannounced site visits, making proactive immigration compliance non-negotiable for HR teams. Employers can no longer rely on reactive measures or ad hoc processes regulatory oversight is now faster, smarter, and more unforgiving.
Organizations that invest in technology-driven, well-coordinated, and future-ready compliance strategies will be best positioned to navigate this complex environment with confidence, agility, and integrity.
How Can Kodem Law Help You?
Avoiding RFEs and audit triggers goes beyond paperwork it’s about fostering a culture of compliance and accountability. HR teams that stay proactive with documentation, wage compliance, and reporting can better protect their organizations from legal and operational challenges. At Kodem Law, we help employers navigate these complexities by reviewing visa applications, offering tailored compliance strategies, providing training, and supporting organizations through audits. Our expertise ensures you stay informed, prepared, and focused on growing your business while maintaining regulatory compliance.
