Starting today, USCIS will take a further targeted approach when making site visits across the nation to H-1B petitioners & the worksites of H-1B employees. USCIS will concentrate 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.
Objective site visits will allow USCIS to concentrate resources where fraud & abuse of the H-1B program may be more expected to occur, and decide whether H-1B dependent employers are evading their responsibility to make a good faith effort to recruit United States workers. USCIS will extend random & unannounced visits nationwide. These site visits are not intended to target nonimmigrant employees for any criminal or administrative action but preferably to identify employers who are violating the system.
Employers who abuse the H-1B visa program negatively influence United States workers, reducing wages & job opportunities as they import more international workers. To additional deter & detect abuse, USCIS has established an email address (mailto:REPORTH1BABUSE@USCIS.DHS.GOV) that will allow individuals (including both American workers & H-1B workers who doubt they or others may be the victim of H-1B visa fraud or abuse) to suggest tips, alleged violations & other related information about possible H-1B fraud or abuse. Information suggested to the email address will be utilized for investigations & referrals to law enforcement agencies for potential prosecution.
Existing H-1B Fraud Measures
Since 2009, USCIS has carried random administrative site visits to assure that employers and international workers are complying with specifications of the H-1B nonimmigrant classification. The USCIS refers many cases of suspected fraud or abuse to United States Immigration & Customs Enforcement (ICE) for considerable investigation.