USCIS Steps Up Fraud H-1B Fraud Prevention

U.S. Citizenship and Immigration Services (USCIS) has announced several measures in an effort to prevent and detect H-1B visa fraud and abuse by employers. While random site visits have been occurring since 2009, USCIS is now going to target its approach and focus on:

  • H-1B-dependent employers (those who have a high ratio of H-1B workers to U.S. workers);
  • Cases where the employer’s basic business information cannot be verified through commercially available data; and
  • Employers petitioning for H-1B workers who work off-site at another company or organization’s location.

These site visits are not meant to target non-immigrant employees for criminal or administrative action but are meant to identify employers who are abusing the system. USCIS will also continue to make random site visits. During these visits, USCIS will look at information such as whether the H-1B worker is being paid the wage that was listed on the Labor Condition Application (LCA); whether the worker is working in the location listed in the LCA; whether there is a wage disparity between the H-1B worker and other workers performing the same duties; and whether the H-1B worker is performing the duties specified in the H-1B petition.

American workers and H-1B workers who suspect H-1B fraud or abuse can email tips and other relevant information to reporth1babuse@uscis.dhs.gov. Individuals can also 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.