USCIS to Crackdown on H-1B Violations
U.S. Citizenship and Immigration Services (USCIS) announced last week new efforts to crackdown on H-1B violations and abuse.
The H-1B visa program allows U.S. employers to recruit highly-skilled foreign nationals when faced with a shortage of qualified workers in the U.S. In recent years, the H-1B visa program has come under fire for reducing wages and job opportunities for American workers.
Email a Tip
USCIS created a new email address to which anyone can submit tips, possible violations, and other information about suspected H-1B violations. USCIS requests that individuals include the following in their email message:
- The name and address or location of the H-1B employer or company.
- A description of the potential violation, abuse, or fraud.
- Your email address.
- Any other information to help USCIS determine whether a violation or fraud occurred.
Examples of tips USCIS would like to receive include:
- An employer is not paying an H-1B worker the wage listed on the Labor Condition Application.
- An H-1B worker is not working at the location listed on the Labor Condition Application.
- U.S. workers are paid less than H-1B workers doing similar duties at the same company.
- An H-1B worker is not performing the duties described in the H-1B petition.
- U.S. workers have more experience than H-1B workers in similar positions at the same company.
Targeted Site Visits
USCIS announced it will also take a more targeted approach in visiting worksites to identify employers who are abusing or violating the program. The agency will prioritize site visits to employers with:
- A high ratio of H-1B workers.
- Unconfirmed basic business information.
- H-1B employees who work at another company.
Protections for Tipsters
H-1B workers normally lose their H-1B status if the company that secured the H-1B for the employee is found to have violated or abused the program. Moreover, H-1B workers may face retaliation from their employer for reporting suspected fraud or abuse.
Given that, USCIS also announced that it would consider on a case-by-case basis extending the H-1B status or changing a nonimmigrant status for H-1B workers who report suspected fraud or abuse by their employer.
If you or a loved one need help with an H-1B visa, reporting an H-1B violation, or identifying other immigration options or strategies, contact us at Alcorn Immigration Law. Our team can help immigrants anywhere inside or outside the United States.