USCIS Announces Multiple Measures To 'Deter and Detect' H-1B Visa Fraud, Abuse
This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Laura Danielson is an active member.
On April 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced multiple measures "to further deter and detect H-1B visa fraud and abuse." USCIS explained that 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," but that "too many American workers who are as qualified, willing, and deserving to work in these fields have been ignored or unfairly disadvantaged." USCIS stated that it is prioritizing "combating fraud in our employment-based immigration programs."
Among other things, USCIS said it "will take a more targeted approach" when making site visits across the country to H-1B petitioners and the worksites of H-1B employees. The agency said it 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," the agency said, and to "determine whether H-1B dependent employers are evading their obligation to make a good faith effort to recruit U.S. workers." USCIS said it 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," USCIS said.
USCIS also has established an email address, ReportH1Babuse@uscis.dhs.gov, "to 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, USCIS said.
The announcement is located here.