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Workplace site visits conducted by U.S. Citizenship and Immigration Services are not protecting against fraud in the H-1B program, according to a new report by the Office of the Inspector General, which oversees the agency and conducts audits of its operational efficiency.
“USCIS site visits provide minimal assurance that H-1B participants are compliant and not engaged in fraudulent activity,” according to the report titled, “USCIS Needs a Better Approach to Verify H-1B Participants.”
In its findings, the report determined that USCIS is conducting a limited number of visits, that the agency lacks standardized policies to ensure anti-fraud officers are thorough and take proper action when they discover fraud or noncompliance, and that it is not using the results of site visits in adjudicating subsequent H-1B petitions to prevent recurring violations. The report also criticized the agency for not collecting performance data for its targeted site visit activity or for H-1B employees whose visas have expired or been revoked.
“By failing to take more proactive steps to identify petitioners with prior unverified site visit results and ensure that subsequent petitions submitted by these petitioners are not approved, USCIS permits noncompliance — including fraud — to perpetuate in the H-1B program,” the report concluded.
Key points:
The report made four recommendations that USCIS has accepted. The agency is introducing the following changes in 2018 to address each recommendation.
BAL Analysis: The report sends a strong signal to USCIS to more heavily focus on fraud and potential abuse in the H-1B program. Companies employing H-1B workers should anticipate that USCIS will increase the number of H-1B-specific workplace site visits, will share information with the DOS, the DOL and the DOJ, and that adjudicators will increase the use of adverse site visit results to deny subsequent H-1B petitions to employers found to be noncompliant.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
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