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

April 6, 2017 Leave a comment
On April 3, 2017, the U.S. Citizenship and Immigration Services (USCIS) announced multiple measures to further deter and detect H-1B visa fraud and abuse.  The press release states 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. 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 April 3, 2017, 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.

The press release further states that 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. The press release states that 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.

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US Dept of Labor Announces Plans to Protect American Workers from H-1B Program Discrimination

April 6, 2017 Leave a comment

On April 5, 2017, the U.S. Department of Labor announced plans today to protect U.S. workers from H-1B program discrimination by providing greater transparency and oversight. The program allows employers to hire highly skilled foreign workers in specialty occupations. The H-1B visa program authorizes the temporary employment of qualified individuals who are not otherwise authorized to work in the U.S.

The Dept. of Labor states that in recent years, some employers have used the H-1B program to hire foreign workers despite American workers being qualified and available for work or even to replace American workers. The department fully supports the U.S. Department of Justice in cautioning employers who petition for H-1B visas not to discriminate against U.S. workers, as well as the U.S. Department of Homeland Security’s measures to further deter and detect H-1B visa fraud and abuse.

The department will protect American workers against discrimination through the following actions:

1. Rigorously use all of its existing authority to initiate investigations of H-1B program violators.
This effort to protect U.S. workers will also involve greater coordination with other federal agencies,
including the departments of Homeland Security and Justice for additional investigation and, if
necessary, prosecution.

2. Consider changes to the Labor Condition Application for future application cycles. The Labor
Condition Application, which is a required part of the H-1B visa application process, may be updated
to provide greater transparency for agency personnel, U.S. workers and the general public.

3. Continue to engage stakeholders on how the program might be improved to provide greater
protections for U.S. workers, under existing authorities or through legislative changes.

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