H-1B Visa Program offers US firms access to highly skilled overseas workers. USCIS continuously works to detect and deter fraud and abuse in all its immigration programs including H-1B. It has increased and enhanced interviews, site visits and inquiry of applicants who utilize the H-1B Visa program.
US Citizenship and Immigration Services has said that these efforts are aimed at assisting in the prosecution of the violators of the program.
Some of the indicators of the H-1B fraud include:
- The H-1B employee does not get or may not be paid the salary certified by the LCA – Labor Condition Application
- Presence of disparity in salary amongst H-1B and other workers performing similar or the same work, specifically detrimental to the US workers
- The H-1B employee does not perform the duties as specified in the petition for H-1B including when duties are at a higher level than those described in the position
- The H-1B employee has a lesser experience than US workers in similar positions in the same firm
- The H-1B employee does not work in the location specified on the LCA
Safeguards for H-1B employees who report alleged abuse or fraud:
In case an H-1B employee reports alleged abuse or fraud, they may obtain some protections under immigration law. If an H-1B employee:
- Applies for extension of their H-1B status or alter their non-immigrant status
- Indicates having faced counteraction from their employer for having reported a violation of LCA
- Loses or fails to maintain their H-1B status
USCIS may consider the above situations to be an instance of extraordinary situations. This is as per the Code of Federal Regulations, Title 8, 248.1(b) and 214.1(c). It will permit them to extend or alter their status which is normally not permitted, as quoted by the USCIS GOV.
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If you are looking to Study, Work, Visit, Invest or Migrate to the US, talk to Y-Axis, the World’s No.1 Immigration & Visa Company.
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