USCIS Targets H1B Visa Fraud
April 4, 2017.
Citizenship and Immigration Services 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.
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.
Since 2009, USCIS has conducted random administrative site
visits to ensure 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 for further investigation.