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TOOL Assessing H-1B Fraud

October 2, 2009
Related Topics: Immigration, Global Business Issues, Global Employment Law, Tools
In September 2008, an investigative division of the U.S. Citizenship and Immigration Services issued an assessment on fraud and compliance in the H-1B visa program. According to the assessment, more than 20 percent of H-1B filings contain technical violations or are simply fraudulent. The finding has led in 2009 to unannounced site visits of H-1B employers.

The types of misrepresentations uncovered in the investigation included cases in which:

• The business that had filed the petition did not exist.
• The workers’ educational degrees or experience letters submitted were confirmed to be fraudulent.
• Signatures had been forged on supporting documentation.
• The worker was performing duties that were significantly different from those described in the H-1B petition or labor condition application.

“In one instance,” the report says, “the position described on the petition and the [labor condition application] was that of a business development analyst. However when USCIS conducted its review, the petitioner stated the H-1B beneficiary would be working in a Laundromat doing laundry and maintaining washing machines.”

Read the findings.

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