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

UCSIS recently announced that it will restructure the focus of H-1B site visits. The H-1B visa is an employment based visa in which the employer petitions USCIS to grant lawful status for the purposes of work on the behalf of the employee. These visas help employers recruit foreign nationals in an effort to compensate for the lack of domestic supply of qualified and skilled workers. Enforcement officers will be looking at the following key points with in hopes of reducing H-1B abuse by employers:

  • Cases where employer information is not easily verifiable via commercially available data
  • High ratio of H-1B workers in comparison to U.S. workers
  • Employers whose H-1B employees work off site or at another company’s location

This change in focus is an attempt to reduce fraud that negatively affects both U.S. and foreign workers by decreasing wages and job opportunities while leaving foreign workers vulnerable to abuse by their employer. Job site visits will continue to be random and are not meant to facilitate criminal or administrative action.  UCSIS has created an email to which workers can submit tips if they suspect H-1B fraud. The information gathered will be used for investigations that may lead to prosecution or referrals to appropriate law enforcement agencies.

https://www.uscis.gov/news/news-releases/putting-american-workers-first-uscis-announces-further-measures-detect-h-1b-visa-fraud-and-abuse

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