USCIS on the Hunt for H-1B Fraud
Recent panel discussions at the AILA Conference in NV focused on the H-1B program. The $500 anti-fraud fee collected for H-1B and L-1 visas is being used to hire more investigators. Business practices once considered “the norm” and perhaps not perfect – are being scrutinized and employers are being penalized for document violations and overall inattention to detail. Consular offices and USCIS are asking for photos of premises, employment agreements, business licenses and organizational charts. These requests are way out of bounds, and considerably prolong case processing creating tremendous stress for all parties concerned – the employer, the employee and the immigration practitioner.
A recent posting on AILA of a Fraud Summary Sheet (that wasn’t posted for very long!) for H-1B and L-1 cases, presumes fraud if one meets 2 out of 3 criteria: doing business for fewer than ten years, has fewer than 25 employees, and/or has less than $10 million in revenue. Many high-profile, very reputable organizations are receiving these Requests for Evidence based on the Fraud Cheat Sheet without any basis in reality.
This preoccupation with fraud in the H-1B and L-1 programs is likely to continue in the upcoming year. So, in terms of supporting evidence….a word to the wise…