How to Stay Compliant Amid Rising Scrutiny on Visa Programs in 2025

Learn how employers can stay compliant with H-2B and EB-3 visa programs in 2025. Use our immigration compliance checklist to avoid penalties and delays.

With increased oversight from the Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS), visa compliance isn’t just important—it’s critical.

In 2025, more businesses are being audited, denied certifications, or penalized for technical errors in their visa processes. Whether you’re hiring temporary H-2B workers or sponsoring permanent employees under the EB-3 Green Card program, staying compliant ensures your workforce—and your business—remains secure.

Use this employer checklist to protect your company and navigate growing immigration scrutiny with confidence.

H-2B Employer Compliance Checklist

1. Verify Temporary Need

  • Maintain clear documentation that proves the work is seasonal or peak-load.
  • Prepare payroll records and job contracts that reflect the temporary nature.

2. Accurate Job Descriptions

  • Ensure job duties match those listed in the H-2B application.
  • Include full-time, non-duplicative roles that comply with prevailing wage requirements.

3. Prevailing Wage Compliance

  • Request and adhere to DOL-issued prevailing wage determinations.
  • Ensure actual wages paid match the certified rate.

4. Recruitment Requirements

  • Conduct required recruitment within approved timelines.
  • Retain all recruitment materials, job postings, and resumes received.

5. Document Retention

  • Keep all H-2B documentation for at least 3 years after employment ends.
  • Be audit-ready with copies of:
    • ETA 9142B
    • Recruitment reports
    • Payroll and time records

EB-3 Employer Compliance Checklist

1. Labor Certification (PERM) Accuracy

  • Ensure no U.S. workers were available or qualified during recruitment.
  • Follow all recruitment steps precisely, including timelines and ad placements.

2. Good Faith Recruitment

  • Post ads in the correct locations and retain proof (tear sheets, screenshots, etc.).
  • Interview any potentially qualified U.S. applicants and document decisions.

3. Position Must Be Permanent & Full-Time

  • EB-3 jobs must be ongoing, not seasonal or temporary.
  • Ensure offer letters and job postings reflect this.

4. Maintain Eligibility Records

  • Retain ETA 9089, I-140 filings, recruitment documentation, and audit file materials for at least 5 years.
  • Stay updated on any USCIS policy updates affecting processing times or wage requirements.

5. Non-Discrimination

  • Apply consistent hiring and promotion practices regardless of nationality.
  • Be aware of anti-retaliation and anti-discrimination policies under the Immigration and Nationality Act (INA).

Why Compliance Matters More Than Ever in 2025

Recent policy updates—including increased visa audits, Green Card backlog reviews, and heightened scrutiny of temporary labor programs—signal a trend: compliance is under the microscope.

Mistakes, even unintentional ones, can result in:

  • Denied visa applications
  • Fines and penalties
  • Barred access to future visa programs

How ULS Can Help

At Unlimited Labor Solutions, we guide employers through every step of H-2B and EB-3 compliance—from recruitment to recordkeeping.

We stay on top of federal policy updates so you don’t have to. Whether you’re scaling seasonal teams or building a permanent workforce, we ensure your business stays compliant, competitive, and audit-ready.

Need help reviewing your compliance strategy?

Stay compliant. Stay competitive. Choose ULS.