Check DOL LCA data, spot red flags for fake sponsors, evaluate filing history, what minimum filing volume means, and tools to verify before you accept an offer
Not every company that claims to sponsor H-1B visas is a legitimate sponsor. Some are outright scams; others are real companies that lack the infrastructure or legal knowledge to successfully complete the process. Before you accept a job offer based on sponsorship promises, verify the company's H-1B track record using public data.
| Verification Step | What to Check | Red Flag If... |
|---|---|---|
| DOL LCA Filing History | Has the company filed LCAs in the last 3 years? | Zero LCA filings found in public data |
| Filing Volume Trend | Is volume consistent or growing year over year? | Sharp decline or only 1-2 filings total |
| Company Fundamentals | Real website, LinkedIn, office, employees? | No website, no LinkedIn, virtual office only |
| Fee Responsibility | Employer pays H-1B filing fees (legally required) | Company asks YOU to pay any filing fees |
| Contract Terms | No training bonds, no penalty for leaving | Requires $10K+ bond or 2-year lock-in |
| USCIS Approval Rate | High approval rate in public petition data | High denial/RFE rate or DOL debarment |
| Client Placement Model | Transparency about actual work assignment | 'Bench' with no work, vague about client projects |
| Glassdoor/Reviews | Employee reviews mentioning immigration support | Reviews mentioning immigration issues or scams |
DOL LCA Disclosure Data: Every H-1B employer must file a Labor Condition Application (LCA) with the Department of Labor before submitting an H-1B petition. This data is public and searchable. If a company claims to sponsor H-1B but has zero LCA filings in the DOL disclosure data, that's a major red flag. Wisa aggregates this data across all fiscal years so you can search by company name instantly.
Filing Volume Matters: A company with 1-2 total H-1B filings is not necessarily a scam, but it indicates less experience with the process. First-time sponsors have higher petition denial rates because they're unfamiliar with documentation requirements. Companies with 10+ annual filings typically have immigration attorneys on retainer and standardized processes. Companies with 100+ annual filings have dedicated immigration departments.
The Bench Problem: Some staffing companies file H-1B petitions and then fail to place the worker with a client, leaving them 'on the bench' with no work and no pay. Under DOL regulations, the employer must pay the prevailing wage from day one of H-1B status, even if there's no client assignment. If a company cannot guarantee immediate work placement, proceed with extreme caution.
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Search H-1B Sponsors on Wisa →There's no magic number, but generally: 1-5 total filings means first-time or infrequent sponsor (higher risk of process errors), 10-50 annual filings means established sponsor with immigration experience, 50-200 annual filings means strong immigration program, 200+ annual filings means major sponsor with dedicated immigration team. Even companies with few filings can be legitimate — evaluate the full picture including company size, industry, and your specific role.
No. Under DOL regulations, the employer must pay all H-1B filing fees — including the base filing fee, ACWIA fee, fraud prevention fee, and attorney fees for preparing the petition. The only fee the employer can legally pass to the worker is premium processing ($2,805) if the worker requests it for their own benefit. If a company asks you to pay base filing fees, this is a violation of DOL regulations and a major red flag.
A training bond (or 'retention agreement') requires the worker to repay the employer a set amount (often $10,000-$50,000) if they leave before a specified period (typically 1-2 years). While the legality of these agreements varies by state, they are a red flag. Legitimate major sponsors do not require training bonds. Some courts have found these agreements unenforceable for H-1B workers. Consult an employment attorney before signing any such agreement.
Yes. DOL maintains a list of employers debarred from the H-1B and PERM programs at dol.gov/agencies/eta/foreign-labor/barred-employers. USCIS also tracks employers with high denial rates. On Wisa, companies with filing histories showing high denial rates or no recent filings may have been flagged. Always cross-reference a company's claims with actual public data before accepting an offer.