When it comes to hiring foreign talent on H-1B visas, the stakes are high and the compliance requirements can be complex. While most startups and legal teams mean well, a few common mistakes can lead to major issues—ranging from requests for evidence (RFEs) to full-blown Department of Labor audits.
Here are the top 5 H-1B compliance mistakes—and how to avoid them:
Incorrect Prevailing Wage Level
Choosing the wrong wage level can result in underpayment issues or trigger RFEs. Wage levels must reflect the complexity of the role, not just the job title.
📎 Learn how to determine the correct wage level
Inaccurate or Incomplete LCAs
The LCA (Labor Condition Application) must reflect the correct job location(s), wage, and job classification. Errors here are one of the fastest ways to end up in compliance trouble.
📎 Understand what belongs in your LCA
Improper Public Access File (PAF) Maintenance
Many employers don’t realize that a Public Access File must be created within one working day of filing the LCA—and it must be complete and accessible upon request.
Failure to Update Worksite Locations
If your H-1B employee moves to a new city, even temporarily, an amended petition may be required. This is especially critical for fully remote or hybrid roles.
No Internal File Organization Strategy
Even if your documents are accurate, disorganized or missing records can harm your ability to respond to audits quickly. Establish consistent naming conventions and audit your files regularly.
How TechBridge Helps
At TechBridge, we help startups, attorneys, and compliance teams:
Create accurate wage level memos
Prepare and review LCAs and PAFs
Set up audit-proof digital file systems
Provide consulting and audit readiness checklists
Want peace of mind around compliance?
Schedule a free 15-minute consult
