International students must avoid participating in H-1B fraud and abuse. Engaging in such activities can affect their future legal status in the United States.
All H-1B beneficiaries and employers must avoid any form of visa fraud or abuse. The H-1B visa is for foreign workers with specialized skills to fill gaps in the U.S. labor market. Providing false information, forging documents, or attempting to manipulate the system in any way is a serious legal violation. This can not only negatively impact your future visa applications but also lead to legal charges. Employers must also ensure they comply with all relevant regulations and must not misuse the visa program to cut labor costs.
Common Examples of H-1B Visa Fraud and Abuse
1. Fake Job Positions: Employers apply for H-1B visas for job positions that don't exist or exaggerate the job requirements in the application.
2. Falsified Employee Information: Employers or applicants submit false personal information, education, or work experience to meet H-1B visa eligibility requirements.
3. Inflated Salaries: Employers report higher salaries on the application than what is actually paid to the H-1B employees to get the application approved.
4. Minimal Recruitment Efforts: Employers apply for H-1B visas without genuinely attempting to hire qualified American workers first.
5. Replacing American Workers: Employers use H-1B workers to replace qualified American workers, especially during layoffs or outsourcing.
6. Visa Sponsorship Without Actual Jobs: Employers profit by providing H-1B visa sponsorship without offering real jobs.
7. Illegal Deductions or Fees: Employers illegally deduct H-1B fees from H-1B employees' salaries or require them to pay visa application costs, which is generally not allowed.
8. Substandard Working Conditions: H-1B employees face unsuitable work environments, excessive work hours, or are not provided with the benefits promised in their contracts.
Note: Blacklist of H-1B Employers
Real Case of H-1B Abuse
In July 2023, dozens of employees from an Indian Consulting Company (ICC) received notices from USCIS revoking their H-1B visas. These employees had been selected for H-1B in 2022 and received their visas, which were approved in August and became effective in October. However, nearly a year later, problems arose.
According to reports, USCIS sent a Notice of Intent to Revoke to the employer on March 3, 2023. However, the employer did not appeal or inform the employees. Consequently, on July 10, USCIS issued a Decision Notice, declaring the employees' visas would soon be invalid. Although the Decision Notice provided a 33-day appeal period, the employer chose not to respond.
The primary reason for the revocation was a violation of the "Multiple H-1B Cap" rule, where an individual filed multiple registrations in the lottery. USCIS discovered that the employer had colluded with another company to submit multiple applications to increase their chances of selection. Despite the visas being valid for almost a year, USCIS still had the authority to revoke them.
The Decision Notice explicitly labeled this behavior as "fraud," and USCIS may take further action against the employer. This incident had severe consequences for the H-1B beneficiaries, who lost their legal status in the U.S. and whose future green card applications might be impacted.
Interestingly, the employer involved was not on the previously published blacklist of H-1B employers, showing that USCIS's random compliance checks are not limited to companies on specific lists.