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Use the agency that matches the alleged conduct. For an employer’s possible violation of H-1B employment rules, complete the Department of Labor’s Form WH-4 and send it to the Wage and Hour Division (WHD) office serving the employer’s physical location. Suspected fraud in a USCIS petition or application belongs with the USCIS Tip Form. Discrimination concerns may go to the Department of Justice Immigrant and Employee Rights Section (IER) or the Equal Employment Opportunity Commission (EEOC). Fraud or unauthorized legal practice by an immigration-service provider is handled through the Department of Justice Executive Office for Immigration Review (EOIR) Fraud and Abuse Prevention Program.

Preserve wage, hours, employer, communications and transaction records before filing. Give the selected agency specific dates, names, addresses and documents, while understanding that a report is an allegation—not a finding—and that agencies can change forms, contacts and jurisdiction instructions.

Choose the reporting route that fits the allegation

“H-1B fraud” can describe several different problems. The correct destination depends on whether the suspected conduct concerns the employment relationship, an immigration benefit, discrimination, or an immigration-service provider.

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Allegation Primary route What to submit or request
Employer violated H-1B program employment requirements Department of Labor Wage and Hour Division Form WH-4 (H-1B Nonimmigrant Information form), sent to the WHD office covering the employer’s physical location
False information or other fraud in a USCIS petition or application U.S. Citizenship and Immigration Services USCIS Tip Form
Discrimination or related civil-rights problem DOJ Immigrant and Employee Rights Section or EEOC Use the current contact and intake instructions for the agency matching the discrimination issue
Immigration consultant, notario or other provider committed a scam or practiced law without authorization DOJ Executive Office for Immigration Review Fraud and Abuse Prevention Program Complaint describing the people involved, what happened, dates, addresses and supporting evidence
EOIR-related service fraud that specifically concerns a USCIS petition or application USCIS EOIR’s instructions direct petition- or application-specific allegations to the USCIS Tip Form

You can have more than one issue. For example, unpaid required wages may be a WHD matter while threats based on national origin may also raise an IER or EEOC issue. Describe each type of conduct separately instead of assuming one agency will forward every part of the complaint.

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How to report an H-1B employer to the Department of Labor

1. Confirm that the concern is an H-1B employment-program issue

Form WH-4 is designed for information about an employer’s compliance with H-1B program obligations. Typical subjects include pay, employer-caused nonproductive time, benefits, working conditions, prohibited deductions and retaliation. The form is not a general-purpose way to challenge every immigration decision or every workplace dispute.

2. Complete Form WH-4 carefully

Fill in as much of the requested information as you can. Include the employer’s legal or operating name, physical address, telephone number, worksite information, your relationship to the employer and a factual description of the suspected violations. Use additional sheets if the form does not provide enough room, as the Department of Labor permits.

Write facts in a way an investigator can verify: identify the date of a pay period, the number of hours recorded, the amount paid, the person who gave an instruction, or the document that contains a disputed term. Separate what you personally observed from what another person told you.

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3. Send it to the correct WHD office

DOL directs filers to send the completed WH-4 to the Wage and Hour Division office with jurisdiction over the employer’s physical location. The employer’s headquarters, the address on a petition, and your home address may be different, so identify the actual location relevant to the employment. If you are unsure which office serves that location or how it currently accepts the form, contact WHD at 1-866-487-9243 before sending it.

4. Observe the filing window

DOL’s H-1B Advisor says a WHD complaint must be filed by an aggrieved party or a credible source and that the allegations must have occurred within the 12 months immediately before WHD receives the complaint. Older conduct can therefore create a timing problem. Contact WHD promptly if the events are approaching or outside that period and explain the dates so the agency can advise you on the available route.

5. Understand confidentiality and follow-up

DOL says the complainant’s identity will be kept confidential “to the maximum extent permitted by law.” That wording protects confidentiality where the law allows it; it is not a promise of absolute anonymity. A WHD representative may contact you for clarification or additional information, so use a reliable method of communication and retain a copy of everything you submit.

What H-1B employer abuse can involve

The following examples come from DOL descriptions of H-1B worker protections. They are indicators to document, not automatic proof that a violation occurred.

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Pay below the required wage

An H-1B worker must receive at least the greater of two amounts: the actual wage paid to similarly experienced and qualified workers at the employer, or the prevailing wage for the occupation in the intended area of employment. Compare pay records with the job, location and experience described in the employment documents, and preserve the records rather than relying on memory.

Employer-caused nonproductive time

H-1B rules address periods when the employer places the worker in nonproductive status for reasons attributable to the employer. Keep schedules, assignment notices, timesheets, messages and pay statements that show when work was unavailable and how the employer treated those hours.

Benefits and working conditions

DOL identifies fringe benefits and working conditions as H-1B compliance subjects. A useful record shows the benefit or condition promised, the comparable treatment of workers and what actually occurred. Include policy pages, enrollment material, schedules, payroll records and written explanations from management when available.

Illegal deductions and charges

Some deductions may be prohibited, including certain petition fees, early-departure penalties and employer business expenses. Keep the pay statement showing the deduction, the agreement or policy authorizing it, and any message explaining why it was taken. Do not assume that labeling a charge a “reimbursement” makes it lawful.

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Threats or retaliation

DOL says an H-1B employer may not intimidate, threaten, blacklist, discharge or otherwise discriminate against an employee, former employee or job applicant for disclosing information reasonably believed to show H-1B violations, or for cooperating with an investigation or proceeding. Preserve the timing and wording of a threat, the identity of the speaker, the employment action that followed and the people who witnessed it.

How to report suspected fraud in an immigration petition or application

Use the USCIS Tip Form when the suspected misconduct concerns information submitted in a USCIS petition or application. Examples might include a false job offer, fabricated qualifications, a sham employment arrangement or documents that misrepresent a material fact. Focus the report on the immigration benefit and identify the filing, employer or representative involved as precisely as you can.

Explain what you believe is false, why you believe it is false, when you learned the relevant fact and which records support your explanation. Distinguish a disagreement about an eligibility decision from evidence that someone knowingly supplied false information. USCIS—not WHD—handles the immigration-benefit fraud route identified by DOL and EOIR.

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Where to report discrimination

DOL directs people with discrimination or civil-rights concerns to the DOJ Immigrant and Employee Rights Section or the EEOC, depending on the nature of the problem. The agencies do not have identical jurisdiction, deadlines or intake processes, so read the current instructions for the issue and location involved.

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Department of Justice Immigrant and Employee Rights Section

IER’s listed contact is 1-800-255-7688, and its listed email is ier@usdoj.gov. IER addresses certain immigration-related employment discrimination and document-abuse concerns. Explain the protected characteristic or immigration-related practice, the employer or recruiter involved, the dates and the action taken against you. DOL says interpretation is available in many languages.

Equal Employment Opportunity Commission

The EEOC may be the appropriate route for discrimination covered by federal employment-discrimination laws. Check the EEOC’s current filing instructions and deadline rules rather than assuming that a WH-4 submission preserves an EEOC claim. A WHD complaint and an EEOC charge serve different purposes.

How to report an immigration-services scam or unauthorized legal practice

EOIR’s Fraud and Abuse Prevention Program accepts complaints about fraud, scams or unauthorized practice of law by an immigration-service provider. This can include a consultant, preparer, notario or other person who took money, promised an immigration result, gave materially false advice or represented clients without authorization.

EOIR asks for details about the people involved and what happened. Include known names, business names, addresses, telephone numbers, email addresses, dates, amounts paid and the service promised. Physical evidence can include receipts, retainer agreements, contracts, advertisements, text messages and copies of forms the provider prepared.

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When the suspected fraud specifically involves a USCIS petition or application, EOIR directs complainants to USCIS instead. Explain the connection in your submission so the receiving agency can identify the correct record.

Build an evidence packet before you file

Organize evidence chronologically and keep the originals in a safe location. Send copies unless an agency specifically requests originals.

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  • Employment identity: employer name, physical address, telephone number, worksite, supervisor and any staffing or client company involved.
  • Immigration records: copies of relevant notices, petition-related correspondence and documents that show the filing or benefit at issue.
  • Hours: timesheets, schedules, clock-in records, calendars, assignment messages and notes of unpaid or unavailable time.
  • Wages: pay statements, bank deposits, payroll reports, offer letters, wage notices and records of deductions.
  • Working conditions and benefits: policies, enrollment documents, benefit statements, workplace instructions and comparable treatment information.
  • Communications: emails, texts, chat messages, letters and meeting notes. Preserve metadata and do not edit screenshots in a way that removes dates or sender information.
  • Retaliation evidence: the disclosure you made, who received it, subsequent threats or employment actions, and witness names.
  • Service-provider evidence: receipts, contracts, advertisements, retainer agreements, forms, payment records and promises made by the provider.

Create a short timeline with one entry per event: date, location, person, action and supporting file name. This helps an agency understand the sequence without forcing it to reconstruct events from a large unorganized folder.

What to write in the narrative

Start with a one-sentence description of the issue, then use dated paragraphs or numbered points. A clear narrative answers five questions:

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  1. Who was involved, including the employer, manager, recruiter, preparer or representative?
  2. What exactly happened, including the amount of pay, hours, deduction, statement or threat?
  3. When and where did it happen?
  4. Which document, message, witness or record supports the statement?
  5. What happened afterward, and is the conduct continuing?

Avoid conclusions that the evidence cannot support. “My pay statement shows a deduction of $X on this date” is more useful than “the company stole my wages.” You can explain why you believe the conduct may violate an H-1B requirement while leaving the legal determination to the agency.

What happens after a report

A submission does not guarantee an investigation, a finding or a particular remedy. DOL says detailed information helps WHD decide whether there is reasonable cause to initiate an investigation. The agency may request clarification, records or an interview.

Possible WHD consequences when violations are found

  • Recovery of back wages owed to workers.
  • Payment of fringe benefits that were unlawfully withheld.
  • Civil money penalties, depending on the type or severity of the violation.
  • Debarment that limits the employer’s access to H-1B and certain other visa programs for at least one year.

These are possible consequences after an agency finding; they are not automatic outcomes of filing a complaint.

Project Firewall

On September 19, 2025, DOL announced Project Firewall as a WHD enforcement initiative focused on H-1B compliance. DOL says it prioritizes investigations showing possible displacement, inadequate recruitment of U.S. workers or other abuses. In announcing the initiative, U.S. Secretary of Labor Lori Chavez-DeRemer said, “By rooting out fraud and abuse, the Department of Labor and our federal partners will ensure that highly skilled jobs go to Americans first.” That statement describes the initiative’s policy objective, not a finding about any individual complaint.

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Protect yourself while deciding how to file

Preserve records lawfully

Keep records you are entitled to possess, such as your own pay statements, schedules and correspondence. Do not access systems or files without authorization, alter records, or take confidential information unrelated to your allegation. If you are unsure whether a document can be copied, ask an employment or immigration lawyer before removing it from a workplace system.

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Separate immigration status from employment evidence

Make copies of your own immigration notices and employment records, but do not assume that reporting an employer automatically fixes status, prevents removal or grants work authorization. An agency complaint and an individual immigration case are separate matters. Obtain qualified legal advice for status, travel, transfer, grace-period or termination questions.

Plan for retaliation concerns

Record threats or adverse actions promptly and preserve the surrounding communications. Do not confront a supervisor in a way that could destroy evidence or create a safety risk. If there is an immediate threat of violence, contact emergency services; agency complaint procedures are not emergency-response channels.

Practical filing scenarios

Unpaid salary and a threatened termination

Gather pay statements, timesheets, the offered wage and the messages containing the threat. The unpaid-wage and H-1B-condition allegations point to WHD through Form WH-4. The threat may also be relevant to the retaliation protection DOL describes. If the threat is tied to a protected characteristic or immigration-related discrimination, evaluate an IER or EEOC route separately.

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A petition describes a job that does not exist

Collect the petition-related notices, employment communications and evidence showing the actual job arrangement. Submit the suspected immigration-benefit fraud through the USCIS Tip Form. If a separate employer wage violation exists, prepare a distinct WH-4 report rather than combining unrelated theories into one narrative.

A consultant takes payment and files false forms

Save the contract, receipt, advertisements, messages and copies of every form. Report the provider’s scam or unauthorized practice to EOIR’s Fraud and Abuse Prevention Program. If the false information appears in a USCIS petition or application, follow EOIR’s direction and submit that portion to USCIS.

National-origin or citizenship discrimination

Write down the statements, decision-makers, dates and comparator employees, and preserve hiring, scheduling, pay or termination records. Contact IER or EEOC under the agency’s current intake rules. Do not rely on a WH-4 filing to satisfy another agency’s deadline.

Before pressing send: a final checklist

  • Identify the conduct category and select the matching agency.
  • Use the current form or contact method named by that agency.
  • For WHD, complete Form WH-4 and direct it to the office serving the employer’s physical location.
  • Give dates, names, addresses, amounts, work locations and a factual sequence.
  • Attach or describe the strongest supporting records and label them clearly.
  • Keep a complete copy of the submission and the date you sent it.
  • Use a safe contact method and consider whether shared devices or accounts expose your records.
  • Check current agency instructions because forms, jurisdiction and contact details can change.

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