USCIS targets employers for H-1B investigation unverifiable, H-1B dependent, and off site consultants

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From Rajiv: To identify employers who are abusing the H-1B visas, USCIS will now target for investigation three specific types of H-1B employers: unverifiable, H-1B dependent and consultants working at client sites.

USCIS Release

Agency Creates Avenue for American Workers to Report Abuse

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced multiple measures to further deter and detect H-1B visa fraud and abuse. The H-1B visa program should help U.S. companies recruit highly-skilled foreign nationals when there is a shortage of qualified workers in the country. Yet, too many American workers who are as qualified, willing, and deserving to work in these fields have been ignored or unfairly disadvantaged. Protecting American workers by combating fraud in our employment-based immigration programs is a priority for USCIS.

Beginning today, USCIS will take a more targeted approach when making site visits across the country to H-1B petitioners and the worksites of H-1B employees. USCIS will focus on:

  • Cases where USCIS cannot validate the employer’s basic business information through commercially available data;
  • H-1B-dependent employers (those who have a high ratio of H-1B workers as compared to U.S. workers, as defined by statute); and  
  • Employers petitioning for H-1B workers who work off-site at another company or organization’s location. 

Targeted site visits will allow USCIS to focus resources where fraud and abuse of the H-1B program may be more likely to occur, and determine whether H-1B dependent employers are evading their obligation to make a good faith effort to recruit U.S. workers. USCIS will continue random and unannounced visits nationwide. These site visits are not meant to target nonimmigrant employees for any kind of criminal or administrative action but rather to identify employers who are abusing the system. 

Employers who abuse the H-1B visa program negatively affect U.S. workers, decreasing wages and job opportunities as they import more foreign workers. To further deter and detect abuse, USCIS has established an email address which will allow individuals (including both American workers and H-1B workers who suspect they or others may be the victim of H-1B fraud or abuse) to submit tips, alleged violations and other relevant information about potential H-1B fraud or abuse. Information submitted to the email address will be used for investigations and referrals to law enforcement agencies for potential prosecution.

Existing H-1B Fraud Measures

Since 2009, USCIS has conducted random administrative site visits to ensure that employers and foreign workers are complying with requirements of the H-1B nonimmigrant classification. USCIS refers many cases of suspected fraud or abuse to U.S. Immigration and Customs Enforcement (ICE) for further investigation.

Additionally, individuals can report allegations of employer fraud or abuse by submitting Form WH-4 to the Department of Labor’s (DOL) Wage and Hour Division or by completing ICE’s HSI Tip Form.

Further information

For more information about the new H-1B visa fraud and abuse detection initiative, visit the Combating Fraud and Abuse in the H-1B Visa Program web page.

For information about H-1B petition requirements, visit the USCIS H-1B webpage.

Nonimmigrant Visas: 

Comments

Hello Sir,
1. Is this site visit for H1 petitions/Amendments that are already approved or for the ones that are in processing?
2. If I do my H1 Amendment and move to another project and file another Amendment, what if the 1st Amendment is rejected, so the second one will also be rejected? Can't we just cancel the old Amendment?(Amendment processing time is for several months anyway.)

Thanks

USCIS site visits can be for pending or approved cases. A rejection of an intervening amendment is not grounds for rejection of a second filing. But, you may have to go outside the USA for a visa stamping.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

I have my EAD/AP approved just 2 months after my H1 extension got approved. As your opinion says if I have to go outside USA, then if stamping for is rejected for the previously renewed H1/consecutive Amendment, then I believe I can just come back using EAD/AP (even though there is 2-month gap between H1 approval and the later EAD/AP approval.)

1. In other words, if my H1 extension is revoked for any reason, will it be revoked retroactively?? ..I am a bit concerned because of 2 month gap.

2. I was able to obtain EAD/AP and AOS is in pipeline based on "Dates for Filing" chart. Hopefully the new Administration won't revoke it just because it was brought in by obama. I still prefer using my H1 till I get my GC, will just keep renewing EAD/AP.

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