Beginning on April 3, 2017, the United States Citizenship and Immigration Services (USCIS) will take a more targeted approach when visiting worksites of H-1B petitioners and H-1B employees.
As a part of an ongoing initiative to deter and detect H-1B fraud and abuse, USCIS aims to protect American workers by focusing on worksite visits where H-1B fraud and abuse may be more likely to occur, including:
- H-1B employer’s basic business information cannot be validated through commercially available data;
- H-1B employers who have a high ratio of H-1B employees compared to U.S. workers (also known as “H-1B dependent employers”); or
- H-1B employees who work off-site from the H-1B employer’s main worksite.
USCIS has also established an email address that is designated for receiving any tips, alleged violations, and other relevant information about potential H-1B fraud or abuse.
In light of these new measures, H-1B employers should be mindful of an increased likelihood of random and unannounced worksite visits if they meet any of the criteria mentioned above. Although these criteria do not automatically signal H-1B fraud and abuse, USCIS will target H-1B employers meeting any of these criteria due to the fact that H-1B fraud and abuse may be more likely to occur under such situations.
H-1B employers who have any further questions are encouraged to speak to a Business Immigration Specialist.