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.

Contact Us

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.