The H1B Visa Program allows employers in the US to hire high-skilled overseas workers for jobs that cannot be filled locally. However, every year many employers and recruiters are found to abuse the H1B Visa Program. This in turn adversely affects American workers, decreases wages and reduced opportunities as they bring in more foreign workers.
What are the indicators of H1B Visa fraud?
The following are the indicators of H1B Visa fraud:
- The H1B worker is not being paid or will not be paid the salary that is certified on the LCA (Labour Condition Application)
- There is a difference in wage between H1B workers and other American workers doing the same or similar jobs
- The H1B worker is not doing the same duties as mentioned in the H1B petition. This includes duties that are at a higher level as mentioned in the petition.
- The H1B worker is less experienced than American workers in similar jobs in the same company
- The H1B worker is not found to be working at the intended locations as was mentioned in the LCA
How can you report suspected H1B Visa abuse or fraud?
If you suspect any H1B Visa abuse or fraud, it is important that you immediately bring it to the notice of the USCIS. You can email the USCIS at ReportH1BAbuse@uscis.dhs.gov with information regarding the alleged abuse or fraud.
You should provide the below information in your email:
- The name of the company/employer sponsoring the H1B petition
- The location where the H1B worker is working and the address of the company/employer
- A description of the alleged abuse or fraud
- Your email id
- Your name and contact number
- Any other information that could help investigate the abuse or fraud
Employees in the US can also report company/employer abuse or fraud through the Form WH-4 to the Wage and Hour Division of the Dept. of Labour. You may also contact the Immigrations and Customs Enforcement (ICE) of the US and submit the HSI Tip Form.
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