USCIS Uses This Checklist to Identify H1B Visa Fraud

h1b visa fraud

H1B Visa Fraud

USCIS recently published a document that contains a checklist of items for potential fraud indicators in H1B visa application.  Sample of the document is displayed above in the image.  You can see a list of items for potential H1B fraud indicator.  This document was published after prolonged lawsuit by American Immigration Lawyers Association (“AILA”), regarding USCIS’ procedures and predetermined indicators of potential fraud in the H-1B process.

You must be aware if several H1B Visa rejections during visa interview and 221g being issued while attending H1B interview.  I know friends who when to H1B stamping to India and their visa was denied. Now, they are working in India for IT companies.

If you go through the following list of items UISCIS used to identify potential H1B Fraud, you will realize, they have identified all possible loop holes companies use to game the system.  This is good for overall H1B visa, which have a bad reputation of being used to drive down the wages and increasing unemployment rates in USA.

H1B Visa Fraud Indicators

  • The petitioning employer have fewer than 25 employees
  • Gross annual income is less than $10 million
  • Petitioner is less than 10 years old;
  • Multiple Filings – Disproportionately high number of H1B filings relative to number of employees.
  • Contract for consultants or staffing agencies show no end-client
  • Job location listed on petition differs from place of employment.
  • Incomplete or inconsistent or missed information – inflated figures, etc
  • Not paying the claimed wage
  • No website for IT consulting company
  • Suspect Documents – Altered, counterfeit, boilerplate, etc.
  • Photographs of petitioners premises have been altered ( company logo and signs added after photo was taken, etc)
  • Zoning inconsistent with business data. Job location or office address not zoned for business;
  • H1-B Dependent employer
  • LCA code doesn’t  match the claimed job duties.
  • Evasive and Ambiguous answers.
  • Petitioner filing outside of jurisdiction.
  • Abandoned or withdrawal  after RFE issued;
  • Questionable education credentials
  • Work Experience Letters – Altered, Unprofessional letterhead.
  • The preparer and signatory address are the same, while the worksite is different;
  •  Skill, age, salary, and/or education do not match job requirements.

In addition to the above checklist, USCIS H1b adjudicators were asked to use common sense to identify the fraud.

h1b visa fraud indicators

H1B Fraud Indicators

Now, you get an idea about what a company have to go through to get a H1B Visa to an employee in addition to H1B Visa Fees.

Here is another interesting fact.  This exhaustive H1B Fraud indicator checklist was put together after analyzing  246 H1B Visa petitions.

Process is not easy for a small company to sponsor a H1B Visa.

Next –  Follow this page for H1B updates and news on this year H1B application filing.