USCIS found High Rate of Fraud in H1B Visa

India is again the topper, for the beneficiaries born on whose behalf Petitioner’s violated the H1B regulations.

46% (114 cases) of the beneficiaries were born in India

These technical violations are not a surprise given the complexity and sophisticated H1B regulations. After this tremor, we can expect similar to this from Department of Labor who is holding the PERM cases for more than a year.

U.S. Sen. Grassley has already questioned immigration agency about fraud. See iowapolitics.com for more details.

More updates on the topic from businessweek.com, computerworld.com

Here is the summary of the report from USCIS


1. Job location not listed on the I-129 petition and LCA (28 out of the 51 cases with a technical violation or abuse, which is 55% of the overall violations)

2. Beneficiary not receiving the prevailing wage (14 out of the 51 cases with a technical violation or abuse, which is 27% of the overall violations)
a. Out of these 14 cases, 9 had a final determination of fraud, and 5 had a final determination of technical violation.

3. Fraudulent/Forged Documents (10 out of the 51 cases with a technical violation or abuse, which is 20% of the overall violations)
a. Out of these 10 cases, all 10 had a final determination of fraud.

4. Storefront/Shell Business/No Bona Fide Job Offer (7 out of the 51 cases with a technical violation or abuse, which is 14% of the overall violations)
a. Out of these 7 cases, 6 had a final determination of fraud, and 1 had a final determination of Technical Violation.

5. Job duties significantly different from position description listed on the LCA/I-129 petition (6 out of the 51 cases with a technical violation or abuse, which is 12% of the overall violations)
a. Out of these 6 cases, 5 had a final determination of fraud, and 1 had a final determination of Technical Violation.

6. Already Under ICE Investigation (6 out of the 51 cases with a technical violation or abuse, which is 12% of the overall violations)
a. Out of these 6 cases, all 6 cases had a final determination of fraud.

7. Misrepresentation of H-1B Status (3 out of the 51 cases with a technical violation or abuse, which is 6% of the overall violations)
a. Out of these 3 cases, all 3 had a final determination of fraud.

8. The beneficiary paid the ACWIA filing fee associated with the H-1B petition process (3 out of the 51 cases with a technical violation or abuse, which is 6% of the overall violations)
a. Out of these 3 cases, 2 had a final determination of fraud, and 1 had a final determination of Technical Violation.

FRAUD DISCOVERY METHODS USED:

1. 80% of the fraud or technical violation(s) were uncovered during a site visit.
2. 12% of the fraud or technical violations(s) were uncovered because the case was under current ICE investigation.
3. 8% of the fraud or technical violation(s) were uncovered by overseas verifications and through file and database reviews.

The occupation field, where the Maximum Violations occurred

1. Maximum violations occurred in the occupation field of Accounting, Human Resources, Business Analysts, sales and advertising occupations.
2. The second topper is Art and managerial occupations.
3. Next is our favorite Computer related occupations accounted for 42% (104 cases) of the sample. Among this sample, 27% (28 cases) were associated with some type of fraud or technical violation(s).

After seeing these technical violation(s) rate for H-1B petitions, USCIS has decided in making procedural changes, which will be described in a forthcoming document.

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