USCIS Cracks Down on H-1B Visa Fraud and Abuse
Misuse of H-1B Visa Program: Employers Exploiting Work Visa Scheme for Foreign Labor Exploitation
Welcome to our blog! Today, we're diving into the world of H-1B visas, a popular immigration route for tech-savvy foreign workers. However, the US Citizenship and Immigration Services (USCIS) is taking a hard stand against fraud and abuse in this system.
Let's face it, H-1B visa fraud is rampant. In fact, this week, Kishore Dattapuram was sentenced to 14 months in federal prison for visa fraud and conspiracy. Dattapuram, along with his cohorts, submitted fraudulent H-1B applications, claiming foreign workers had specific jobs waiting for them at designated companies, which, unfortunately, did not exist.
But it's not just the bad apples ruining it for everyone. Some U.S. employers unfairly benefit from the H-1B program by lowering wages and opportunities for American workers. To combat this, the Equal Employment Opportunity Commission (EEOC) Acting Chair, Andrea Lucas, recently announced that they will hold these employers accountable. In her own words, "If you're part of the pipeline contributing to our immigration crisis or abusing our legal immigration system via illegal preferences against American workers, you must stop."
To put a stop to such activities, USCIS has been increasing site visits, interviews, and investigations of petitioners who use the H-1B visa program. These efforts ensure that American workers are not overlooked or replaced in the process.
So, what exactly are the signs of H-1B fraud? Here are a few indicators:
- The H-1B worker is not or will not be paid the wage certified on the Labor Condition Application (LCA).
- There is a wage disparity between H-1B workers and other workers performing the same or similar duties, particularly to the detriment of U.S. workers.
- The H-1B worker is not performing the duties specified in the H-1B petition, including when the duties are at a higher level than the position description.
- The H-1B worker has less experience than U.S. workers in similar positions in the same company.
- The H-1B worker is not working in the intended location as certified on the LCA.
Contrary to some beliefs, H-1B workers do not drag down the wages of other workers. In fact, in 2021, the median wage of an H-1B worker was $108,000, significantly more than the median wage of $45,760 for U.S. workers in general. Moreover, between 2003 and 2021, the median wage of H-1B workers grew by 52 percent, while the median wage of all U.S. workers increased by 39 percent during the same period.
Finally, H-1B workers who report suspected fraud or abuse may receive protection under immigration law. If an H-1B worker:
- Applies to extend their H-1B status or change their nonimmigrant status,
- Indicates that they faced retaliatory action from their employer because they reported an LCA violation, and
- Lost or failed to maintain their H-1B status,
They may still be eligible for status extensions or changes if they can demonstrate 'extraordinary circumstances.'
In conclusion, USCIS is taking firm action to combat H-1B visa fraud and ensure the program serves its intended purpose. By increasing site visits, investigations, and interviews, they're ensuring that American workers are treated fairly and not unfairly overshadowed by H-1B workers.
If you suspect H-1B fraud or abuse, don't hesitate to report it to USCIS. Together, we can help uphold the integrity of this important immigration program.
- USCIS is focusing on H-1B visa fraud and abuse in the tech industry, following the sentencing of Kishore Dattapuram for visa fraud and conspiracy.
- Some employers unfairly benefit from the H-1B program by lowering wages and opportunities for American workers, and the Equal Employment Opportunity Commission (EEOC) is holding these employers accountable.
- USCIS is increasing site visits, interviews, and investigations of petitioners who use the H-1B visa program to ensure American workers are not overlooked or replaced.
- Signs of H-1B fraud include not paying the certified wage, wage disparities, job position mismatch, less experience, working in a different location than stated, or reporting LCA violations and facing retaliation.
- In 2021, the median wage of an H-1B worker was significantly higher than the median wage of a U.S. worker, and the median wage of H-1B workers grew by 52 percent between 2003 and 2021, compared to a 39 percent increase for all U.S. workers during the same period.
- H-1B workers who report suspected fraud or abuse may receive protection under immigration law if they can demonstrate 'extraordinary circumstances.'
