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USCIS Heightens Measures to Detect H-1B Fraud

The H-1B visa program is designed to enable U.S. companies to bring in highly skilled foreign nationals to fill professional jobs for which there are insufficient U.S. workers. U.S. Citizenship and Immigration Services (USCIS) contends there are qualified and available U.S.workers—U.S. citizens or permanent residents—that are being overlooked. 

As of today, April 3, 2017, USCIS is taking a more targeted approach to site visits with the intentof uncovering fraud in employment-based immigration programs.USCIS will be particularly attentive to businesses with a high ratio of H-1B workers ascompared to U.S. workers and employers petitioning for H-1B workers who are off-site atanother company or location.

The latter is of particular concern to consulting companies where workers are often sent tolocations other than a main office in the normal course of business.

With the objective of ascertaining that U.S. companies are making good faith efforts to recruit U.S. workers, USCIS will utilize targeted site visits to identify fraud and abuse of the H-1B program. USCIS asserts these site visits are not designed to target nonimmigrant employees foraction against them, but rather to uncover employers that abuse the system.

USCIS has established an email address that allows individuals to submit information aboutperceived fraud or abuse. Information will be used for investigation and potential legal action.