The government issued a news release on Monday, April 3, 2017, regarding its introduction of additional measures to detect H-1B fraud and abuse. H-1B status allows employers to recruit highly-skilled foreign-nationals. The release comes at the height of H-1B season, while dozens of FedEx trucks with thousands of H-1B applications made their way to U.S. Citizenship and Immigration Services (USCIS) for processing.
The government contends that these increased measures will help protect the American worker who has been “ignored or unfairly disadvantaged,” due to employers who abuse the H-1B program, “decreasing wages and job opportunities as they import more foreign workers.” While H-1B fraud measures already exist in the form of random administrative site visits, USCIS intends to take a more targeted approach in its site visits to employers who participate in the H-1B program. Specifically, USCIS will focus on cases where USCIS cannot ascertain an employer’s basic business information, employers who have a high ratio of H-1B workers as compared to U.S. workers, and employers whose H-1B workers work off-site at another company or organization’s location. USCIS has also rolled out an email address for reporting purposes, encouraging members of the public to submit tips or information regarding potential H-1B fraud or abuse.
This release comes at a time of relative uncertainty in the field of Immigration, as the new administration remains committed to the idea of protecting American jobs and securing our borders. It is possible that such a release is a hint of what is to come by way of another Executive Order. Until then, we encourage employers to operate business as usual, being mindful of increased site visits. Clients should contact us immediately if they are subjected to a site visit. Dayzad Law will continue to monitor the situation and work with our clients to ensure they are in full compliance with law.