Putting American Workers First: USCIS Announces Further Measures to Detect H-1B Visa Fraud and Abuse

Employers who evade their obligation to make a good faith effort to recruit U.S. workers or abuse the H-1B visa program negatively affect U.S. workers, decreasing wages and job opportunities as they import more foreign workers. Since 2009, U.S. Citizenship and Immigration Services (USCIS) has conducted random administrative site visits to ensure that employers and foreign workers are complying with requirements of the H-1B visa program.

On April 3, 2017, USCIS announced multiple measures to further deter and detect H-1B visa fraud and abuse. 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

 

To further deter and detect H-1B visa fraud and abuse USCIS has also established the email address: ReportH1BAbuse@uscis.dhs.gov. The email address allows 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.

For more information about this 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.

Leave a Reply

Your email address will not be published. Required fields are marked *