Today, the U.S. Citizenship and Immigration Services (USCIS), announced multiple measures to further detect different H-1B visa frauds and abuses. The main intention H-1B visa program has is to help U.S. companies recruit highly-skilled foreign nationals in cases when qualified workers in the United States are in lack.
Unfortunately, a common thing that happens is related to many American qualified workers that are as qualified and willing to work in these fields in need, have been ignored or disadvantaged. Today, the USCIS priority is to protect American workers by combating fraud in our employment-based immigration programs.
USCIS will now take a more targeted approach during the making site visits across the country to H-1B petitioners and different work-sites of H-1B employees. The main focus of USCIS will be on:
- Cases where USCIS cannot validate the employer’s basic business information through any commercially available data
- Employers petitioning for H-1B workers who work off-site at another company or organization’s location
- H-1B-dependent employers (those who have a high ratio of H-1B workers as compared to U.S. workers, as defined by statute)
These targeted site visits will now allow USCIS to mostly focus on resources where fraud and abuse of the H-1B program is more likely to occur. Then, it will be able to determine whether H-1B dependent employers are evading their obligation to make a good faith effort to recruit U.S. workers.
USCIS is planning to continue random and unannounced visits nationwide. These site visits doesn’t have the intention to target nonimmigrant employees for any kind of criminal or administrative action. They aim to identify employers who are abusing the system.
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