USCIS Announces Measures to Detect H-1B Visa Fraud and Abuse

HIGHLIGHTS
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U.S. Citizenship and Immigration Services (USCIS) announced multiple measures to further deter and detect H-1B visa fraud and abuse. According to USCIS, protecting American workers by combating fraud in employment-based immigration programs is a top priority.

Starting this month, USCIS will take a more “targeted approach” and focus heavily 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 the statute); and
  • Employers petitioning for H-1B workers who work off-site at another company organization’s location.

USCIS will carry out targeted site visits to focus resources where fraud and abuse of the H-1B program may be more likely to happen and to determine whether H-1B dependent employers are making concentrated efforts to recruit American workers for open positions. These 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.”

To encourage reports of fraud in the H-1B program, USCIS established an email address to allow individuals to submit tips, possible violations and/or other relevant information about potential H-1B abuse. Information submitted to the email address will be used for investigators and referrals to law enforcement agencies for potential prosecution.

For more information about these new measures, visit the USCIS website.