Information submitted will be used for investigations and referrals to law enforcement agencies for potential prosecution. workers and H-1B employees who suspect they or others may be the victim of H-1B fraud or abuse) to submit tips, alleged violations and other relevant information about potential H-1B fraud or abuse. USCIS has also established an email address which will allow individuals (including both U.S. These site visits are not meant to target nonimmigrant employees for any kind of criminal or administrative action, but rather to identify employers who are abusing the system. ![]() At the same time, USCIS will continue random and unannounced visits nationwide. Targeted site visits will allow USCIS to utilize its resources more effectively at employers where fraud and abuse of the H-1B program may be more likely to occur. Employers petitioning for H-1B workers who work off-site at another company or organization’s location.H-1B-dependent employers (those who have a high ratio of H-1B workers as compared to U.S.Cases where USCIS cannot validate the employer’s basic business information through commercially available data.In addition, the report recommended that USCIS improve its information-sharing relationships with other agencies such as the Department of Labor, Department of State and Immigration and Customs Enforcement to better identify high-risk employers for targeted site visits.Īs a result of the 2017 report, USCIS indicated that it would implement a more targeted approach when making site visits at the worksites of H-1B employees, focusing on: According to the report, the Inspector General’s office stated that USCIS approved more than 330,000 new, extended or amended H-1B visa petitions during FYs 2014-2016, but only conducted an average of 7,200 H-1B site visits during those fiscal years, which represents only 3 percent of all approved H-1B petitions and fell short of the USCIS goal. This enhanced enforcement effort is due in part to a report published last fall by the Inspector General and its audit of the USCIS Administrative Site Visit and Verification Program (ASVVP). As reported earlier this year, the government plans to step up targeted site visits and audits for H-1B cases in 2018. Now that the FY 2019 H-1B cap has been reached, make sure you have a strong immigration compliance programs in place, particularly when it comes to Department of Homeland Security’s H-1B Site Visit program and Department of Labor H-1B/Labor Condition Application Audit program.
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