The Department of Labor (DOL), Wage Hour Division (WHD) has the authority to conduct H-1B investigations in much the same manner as ICE has the authority to conduct I-9 inspections/audits. During these investigations, DOL will be demanding the health care institution or other employer produce the public access file as well as the other documents described below. Additionally, the DOL will demand all I-129 USCIS petitions and H Supplements as well as approval notices. Other records requested include any records on a change in corporate structure, any “single employer” entities, whether the employer is “H-1B dependent”, a past “willful violator”, and liquidated damages or penalties sought or collected from H-1B workers. The DOL also has the authority to determine whether an employer engaged in benching1 (failure to pay an H-1B employee who is ready and available for work).
[1] Benching will be discussed in more detail in Section XIX.