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USCIS to Crackdown on H-1B Violations

BY IN H-1B On April 13, 2017

U.S. Citizenship and Immigration Services (USCIS) announced last week new efforts to crackdown on H-1B violations and abuse.

The H-1B visa program allows U.S. employers to recruit highly-skilled foreign nationals when faced with a shortage of qualified workers in the U.S. In recent years, the H-1B visa program has come under fire for reducing wages and job opportunities for American workers.

Email a Tip

USCIS created a new email address to which anyone can submit tips, possible violations, and other information about suspected H-1B violations. USCIS requests that individuals include the following in their email message:

  • The name and address or location of the H-1B employer or company.
  • A description of the potential violation, abuse, or fraud.
  • Your email address.
  • Any other information to help USCIS determine whether a violation or fraud occurred.

Examples of tips USCIS would like to receive include:

  • An employer is not paying an H-1B worker the wage listed on the Labor Condition Application.
  • An H-1B worker is not working at the location listed on the Labor Condition Application.
  • U.S. workers are paid less than H-1B workers doing similar duties at the same company.
  • An H-1B worker is not performing the duties described in the H-1B petition.
  • U.S. workers have more experience than H-1B workers in similar positions at the same company.

Targeted Site Visits

USCIS announced it will also take a more targeted approach in visiting worksites to identify employers who are abusing or violating the program. The agency will prioritize site visits to employers with:

  • A high ratio of H-1B workers.
  • Unconfirmed basic business information.
  • H-1B employees who work at another company.

Protections for Tipsters

H-1B workers normally lose their H-1B status if the company that secured the H-1B for the employee is found to have violated or abused the program. Moreover, H-1B workers may face retaliation from their employer for reporting suspected fraud or abuse.

Given that, USCIS also announced that it would consider on a case-by-case basis extending the H-1B status or changing a nonimmigrant status for H-1B workers who report suspected fraud or abuse by their employer.

Contact Us

If you or a loved one need help with an H-1B visa, reporting an H-1B violation, or identifying other immigration options or strategies, contact us at Alcorn Immigration Law. Our team can help immigrants anywhere inside or outside the United States.


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Sophie Alcorn
Sophie

Sophie Alcorn is a Stanford-educated, New York Times-featured expert on United States Immigration Law. She founded Alcorn Immigration Law, Silicon Valley's premier immigration and nationality law firm, in 2015. Sophie and her team obtain visas and green cards for highly-motivated individuals to build the most innovative companies in Silicon Valley, having successfully handled hundreds of immigration cases for investors, established and venture-backed corporations, founders, and families. Sophie hails from Orange County, where she was chosen as Top Attorney by Orange County Metro Magazine in 2012 at the age of 28. In 2015 Sophie joined the ranks of The National Advocates Top 40 under 40, a select group of young attorneys who demonstrate superior qualifications, leadership, influence, and stature. Sophie is a public speaker on immigration law who conveys the nuances of immigration law in a clear, understandable manner. She lives in Mountain View with her family.

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