The following summarizes U.S. Citizenship and Immigration Services’ (“USCIS”) April 3, 2017 announcement, Putting American Workers First: USCIS Announces Further Measures to Detect H-1B Visa Fraud and Abuse.
Since 2009, USCIS has conducted random administrative site visits to ensure that employers and foreign workers are complying with requirements of the H-1B nonimmigrant classification program whose purpose is to help U.S. companies recruit highly-skilled foreign nationals when there is a shortage of qualified workers in the U.S. USCIS refers many cases of suspected H-1B fraud or abuse to U.S. Immigration and Customs Enforcement (“ICE”) for further investigation.
On April 3, 2017, USCIS announced multiple measures to further deter and detect H-1B visa fraud and abuse and to determine whether H-1B dependent employers are evading their obligations to make a good faith effort to recruit U.S. workers. As part of its measures, USCIS will continue random and unannounced visits nationwide. 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 H-1B program.
- Effective April 3, 2017, USCIS will take a more targeted approach when making site visits across the country to H-1B petitioners (employers) and the worksites of H-1B employees focusing 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.
- USCIS has established an email address ([email protected]) which will allow 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.
- Additionally, individuals can report allegations of employer fraud or abuse by submitting Form WH-4 to the Department of Labor’s (DOL) Wage and Hour Division or by completing ICE’s HSI Tip Form. For more information about the new H-1B visa fraud and abuse detection initiative, visit the Combating Fraud and Abuse in the H-1B Visa Program webpage.
Also, on April 3, 2017, the United States Department of Justice cautioned employers petitioning for H-1B visas not to discriminate against U.S. workers stating that doing so would violate the anti-discrimination provision of the Immigration and Nationality Act (INA). “The Justice Department will not tolerate employers misusing the H-1B visa process to discriminate against U.S. workers,” said Acting Assistant Attorney General Tom Wheeler of the Civil Rights Division. “U.S. workers should not be placed in a disfavored status, and the department is wholeheartedly committed to investigating and vigorously prosecuting these claims.” To learn more, view the Department of Justice’s press release.
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This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.
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