Gusto is a leading payroll and HR platform used by over 400,000 small and mid-sized businesses for payroll processing, benefits administration, and employee onboarding. For companies that sponsor foreign national workers on H-1B, O-1, L-1, TN, or other work visas, Gusto's native capabilities do not extend to the full scope of immigration compliance. Gusto handles I-9 completion and payroll but does not track visa expirations, manage LCA postings, maintain Public Access Files, or monitor prevailing wage compliance. This guide maps every immigration-relevant feature inside Gusto, identifies the compliance gaps that may put employers at risk, and explains how pairing Gusto with a dedicated immigration platform like Alma can help close those gaps in 2026's high-enforcement environment.
Gusto was built for payroll and general HR management, not immigration case management.
Gusto's most relevant immigration feature is its electronic Form I-9 workflow, available on all employee plans. During self-onboarding, new hires complete Section 1 digitally, selecting their work authorization category (citizen, noncitizen national, lawful permanent resident, or alien authorized to work with an expiration date, if applicable). Gusto stores completed I-9 forms electronically in each employee's profile. Admins receive dashboard reminders to complete Section 2 within three business days of the employee's first day of employment. The I-9 task cannot be deleted from onboarding checklists because it is required by law.
For noncitizen employees, Gusto captures the employment authorization expiration date as part of the I-9 record. However, it does not generate reverification reminders when those dates approach, leaving employers responsible for tracking expirations independently.
Gusto's payroll engine processes wages for all employees identically, regardless of immigration status. Under H-1B regulations, employers are required to pay at least the prevailing wage or the actual wage (whichever is higher) in every pay period. Gusto's payroll reports do not cross-reference compensation against LCA wage requirements, so underpayment can go undetected.
On Plus and Premium plans, Gusto allows admins to upload custom documents and request e-signatures. This feature can be used for immigration-related acknowledgment forms, but Gusto explicitly advises against using it for documents containing personally identifiable information. The Premium plan includes compliance alerts powered by Mineral that track general federal and state labor law changes, but these do not cover individual visa expirations, LCA deadlines, prevailing wage requirements, or other immigration-specific deadlines.
For employers sponsoring foreign workers, the Plus plan ($80/month + $12/employee) is the minimum practical tier. It unlocks multi-state payroll (relevant when H-1B workers are at different worksites), custom document workflows, and third-party integrations. The Premium plan ($180/month + $22/employee) adds compliance alerts and access to certified HR experts, though neither feature addresses immigration-specific requirements.
The Simple plan ($49/month + $6/employee) covers single-state payroll and basic I-9 completion but lacks the integration capabilities and document management needed for visa compliance. The Contractor Only plan ($35/month + $6/contractor) includes no I-9 workflow and no employee onboarding at all.
Sponsoring a foreign worker on an H-1B, L-1, O-1, or TN visa creates employer obligations that extend well beyond payroll processing and I-9 completion. None of the following requirements are addressed by Gusto in any plan.
Every H-1B, H-1B1, and E-3 petition requires a certified Labor Condition Application filed through the DOL FLAG system. Employers are required to post notice of the LCA in conspicuous locations at the worksite, or provide equivalent electronic notice, for a total of 10 consecutive calendar days (per 20 CFR § 655.734 and DOL OFLC FAQ Round 4, August 2023; many practitioners follow 10 business days as a conservative best practice). The Public Access File (PAF) must be created within one working day of filing the LCA and maintained at the employer's principal place of business. The PAF must be available for public examination at the employer's principal place of business or worksite at all times, without unreasonable delay.
The PAF generally includes: the certified LCA, prevailing wage documentation, the actual wage system description, the wage rate paid, a summary of benefits offered, and evidence of LCA posting. Under 20 CFR § 655.760(c), if H-1B workers were employed under the LCA, records must be retained for one year beyond the last date any H-1B worker is employed under that LCA; if no workers were employed under it, records must be retained for one year from the date the LCA expired or was withdrawn. Payroll records must be retained for three years. Gusto provides no tools for managing, storing, or tracking any of these documents.
Employers are required to pay H-1B workers at least the prevailing wage for their occupation and geographic area, as determined by the National Prevailing Wage Center. The DOL uses four wage levels corresponding roughly to the 17th, 34th, 50th, and 67th percentiles of the Occupational Employment and Wage Statistics (OEWS) distribution. (Note: DOL published a proposed rule in late March 2026 that would raise these percentiles; however, the current methodology remains in effect as of April 2026.) Paying below the required wage, even unintentionally through missed bonus payments or reduced hours, can trigger back-pay liability and debarment from future petitions.
Gusto processes payroll accurately but does not flag when an H-1B employee's compensation falls below the LCA-required threshold. Variable pay components like bonuses, commissions, and overtime need to be monitored manually against prevailing wage requirements after every pay cycle.
Any change to an H-1B employee's job duties, worksite location, or salary may require an amended petition filed with USCIS. Gusto processes these changes as routine HR updates with no immigration compliance trigger. An employee who relocates from New York to Austin, for example, may need a new LCA with a different prevailing wage determination, plus an amended H-1B petition, before beginning work at the new location. Gusto's address change workflow does not flag this requirement.
Note: When salary, title, or worksite changes are processed for H-1B employees in Gusto without prior immigration review, there is a risk the employee could fall out of compliance. Material changes may require an immigration review before being entered into payroll.
If you are an employee on an H-1B, O-1, L-1, TN, or other work visa and your employer uses Gusto, it is helpful to understand both what the platform provides and where your own attention may be needed.
What Gusto provides to you as an employee: Access to your pay stubs, W-2s, and tax documents through your employee portal. A stored copy of your I-9, which you completed during onboarding. Direct deposit setup and benefit enrollment tools. These are standard payroll features unrelated to your immigration status.
What Gusto does not provide: Gusto will not alert you when your work authorization is approaching expiration. It will not notify your employer that a visa renewal or extension petition needs to be filed. It does not track your I-94 admission date, your visa stamp validity, or your petition approval period. If your employer is not separately tracking these deadlines, critical filings can be missed.
Note: Employees may also wish to explore green card options early. Visa categories like EB-2 NIW allow self-petitioning without employer sponsorship, while EB-1A provides a path for individuals with extraordinary ability. See Alma's visa guides for detailed eligibility information.
I-9 penalties follow a tiered structure based on violation type. The most recent inflation adjustment (effective January 2, 2025, per the DHS final rule published at 90 FR 1) set the following ranges, which remain in effect for 2026 pending any further annual adjustment:
Paperwork violations (incomplete, missing, or uncorrected I-9 forms): $288 to $2,861 per form
Document fraud: $590 to $4,730 per document for first offenses under INA §274C(a)(1)-(a)(4); $500 to $3,988 per document for first offenses under INA §274C(a)(5)-(a)(6)
ICE calculates fines using five statutory factors: business size, good faith compliance efforts, violation seriousness, whether unauthorized workers were involved, and history of prior violations. During an ICE inspection, technical errors (such as a missing middle initial) identified in a Notice of Technical or Procedural Failures receive at least a 10-business-day correction window per INA §274A(b)(6)(B). Substantive violations, including missing I-9s entirely, carry no correction opportunity.
Employers are required to retain I-9 forms for three years after the hire date or one year after termination, whichever is later, and produce them within three business days of an inspection request. Gusto stores I-9s electronically but does not calculate retention dates or prepare audit packages.
The enforcement landscape for immigration compliance has shifted significantly. ICE audit volume has increased since 2024, and the trend is accelerating in 2026. The One Big Beautiful Bill Act (P.L. 119-21, signed July 4, 2025) funded thousands of new ICE officers and allocated substantial enforcement resources. An ICE-IRS Memorandum of Understanding (signed April 7, 2025) established a framework for case-by-case taxpayer-address requests; ICE subsequently requested data on approximately 1.28 million individuals, though the IRS disclosed roughly 47,000 matched addresses before a federal court enjoined further data sharing in November 2025 (appeal pending in the D.C. Circuit). USCIS's Fraud Detection and National Security directorate (FDNS) has expanded unannounced site visits under its Administrative Site Visit and Verification Program (ASVVP) and Targeted Site Visit and Verification Program (TSVVP), bolstered by the January 2025 H-1B Modernization Rule. Separately, DOL launched Project Firewall on September 19, 2025, as a comprehensive H-1B enforcement initiative targeting wage compliance, worker displacement, and program integrity, coordinating with USCIS and DOJ.
For employers using Gusto with H-1B workers, the increased site visit frequency is among the most operationally relevant changes. FDNS officers may arrive without notice and request to see the H-1B employee at their listed worksite, review the employee's duties against the petition, examine payroll records, and inspect LCA posting evidence. None of these documents are accessible through Gusto in an organized, audit-ready format.
Remote I-9 verification has been available on an indefinite, ongoing basis since August 1, 2023 (per 88 FR 47749, published July 25, 2023), but only for employers enrolled in and in good standing with E-Verify. DHS retains authority to amend or cancel the procedure. The process requires a live video call where the employee presents original documents, with clear copies retained by the employer. Since Gusto does not integrate with E-Verify, remote employers using this procedure are required to manage it entirely outside the platform.
See how Alma's immigration platform for businesses integrates with Gusto to automate compliance tracking and streamline visa management.
Alma is an attorney-led, technology-enabled immigration platform that integrates with Gusto and other HRIS and ATS systems including Workday, ADP, BambooHR, Rippling, Greenhouse, and Lever. The integration syncs employee data from Gusto (name, job title, salary, employment status, department) into Alma's case management system, eliminating manual data entry and reducing errors in visa petition preparation.
Alma maintains an industry-high approval rate for cases accepted for filing. The platform offers a two-week document processing turnaround. Every case fee includes RFE responses, administrative costs, and full platform access. Transparent, flat-rate pricing means no hourly billing surprises.
Alma publishes per-visa pricing with no hidden costs. USCIS filing fees are billed separately as they vary by visa type and employer size. Third-party costs such as education evaluations or translation services are also billed separately.
Non-immigrant visa fees: H-1B cap or cap-exempt: $3,500 | H-1B extension, amendment, or change of employer: $3,000 | H-1B lottery registration: $500 | O-1 new petition: $8,000 | O-1 extension, amendment, or change of employer: $3,000 | L-1 initial or new office: $6,000 | L-1 extension: $3,000 | L-1 initial company blanket application: $8,000 | L-1 under approved company blanket: $3,000 | TN new (USCIS or border/consulate): $3,000 | TN extension, amendment, or change of employer: $2,500 | E-3 new (USCIS or consulate): $3,500 | E-3 extension, amendment, or change of employer: $3,000 | H-1B1 new (USCIS or consulate): $3,500 | H-1B1 extension, amendment, or change of employer: $3,000 | I-539 dependent (per dependent): $500
Green card fees: EB-1A: $10,000 | EB-1B: $10,000 | EB-1C: $10,000 | EB-2 NIW: $10,000 | EB-1/EB-2 NIW (with an approved O-1): $7,000 | PERM labor certification: $8,000 | I-140 (PERM-based, EB-2 or EB-3): $4,000 | Adult AOS bundle (I-485, I-765, I-131): $2,000 | Child (under 14) AOS bundle (I-485, I-131): $1,500 | Child (under 14) AOS bundle with EAD (I-485, I-765, I-131): $2,000 | Consular green card: $2,500 | Renewal of Advance Parole (AP): $1,500 | Renewal of EAD based on pending AOS: $1,500
What's included in every case fee: attorney expertise, paralegal support, full platform access, compliance tracking, employee communication, RFE responses, and administrative costs like FedEx and postage. Alma also offers volume discounts for Growth and Enterprise clients with larger foreign national populations, as well as preferred rates for portfolio companies of select venture capital firms.
Schedule a consultation to discuss how Alma integrates with Gusto for your company's immigration needs.
No. Gusto does not connect to the government E-Verify system. Employers who are required to use E-Verify (by state law or federal contract) or who want to use the remote I-9 verification procedure must access E-Verify separately at e-verify.gov after completing the I-9 in Gusto.
Gusto captures the employment authorization expiration date during I-9 completion for noncitizen employees, but it does not send reminders or alerts when those dates approach. Alma's platform provides automated expiration alerts for all visa types as part of its Gusto integration.
Gusto provides no tools for LCA posting, Public Access File management, prevailing wage monitoring, visa amendment tracking, I-9 reverification reminders, E-Verify case creation, or immigration audit preparation. These are all employer obligations under USCIS and DOL regulations that typically require dedicated immigration software or legal counsel.
Alma integrates with Gusto to sync employee data (name, job title, salary, department, employment status) into Alma's immigration case management platform. This eliminates duplicate data entry during visa petition preparation and helps ensure case documents reflect current payroll information. Alma provides its own dashboards for case status, compliance alerts, deadline tracking, and spend forecasting.
