On the day the H-1B cap season opens, USCIS announces new measure to detect H-1B fraud and abuse:
“WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced multiple measures to further deter and detect H-1B visa fraud and abuse. 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 today, 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.
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. 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.Employers who abuse the H-1B visa program negatively affect U.S. workers, decreasing wages and job opportunities as they import more foreign workers. To further deter and detect abuse, USCIS has established an email address 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.”
The H-1B site visit program is not new. Most employers of H-1B workers have likely had a visit from an immigration officer to verify that the information provided in the H-1B petition was accurate and these visits are typically not a cause for concern. Until now, the employers selected for site visits were mostly random. Now, USCIS will be focusing its efforts on H-1B dependent employers and those petitions involving third party placement. This means that employers should be extra vigilant in ensuring compliance with H-1B requirements at all times. In addition, the site visits will be targeted to employers whose information cannot be verified. This likely means those situations where the USCIS VIBE system is not able to match the employer information provided in the petition. Employers may receive a VIBE RFE from time to time, often for newer companies or those that may have moved, asking them for additional documentation to verify business existence. Now, in addition to an RFE, it looks like these employers are more likely to receive a site visit from an FDNS officer for further verification.