Stop EB1 Abuse

[icecreamZ]

tuesday crying post

[MRI]

immigration fraud and unfair practises report cheyadaniki email addresses enti?? recent ga edo hotline pettaru kada!!

[TampaChinnodu]

2 minutes ago, MRI said:

immigration fraud and unfair practises report cheyadaniki email addresses enti?? recent ga edo hotline pettaru kada!!

 

Combating Fraud and Abuse in the H-1B Visa Program

The H-1B visa program should help U.S. companies recruit highly-skilled foreign nationals when there is a shortage of qualified workers in the country. Yet, too many American workers who are as qualified, willing, and deserving to work in these fields have been ignored or unfairly disadvantaged. Employers who abuse the H-1B visa program may negatively affect U.S. workers, decreasing wages and opportunities as they import more foreign workers. 

Protecting American workers by combating fraud in our employment-based immigration programs is a priority for USCIS. USCIS continuously works to deter and detect fraud in all immigration programs and we are furthering our efforts by enhancing and increasing site visits, interviews, and investigations of petitioners who use the H-1B visa program. These efforts will help assist in the prosecution of program violators and ensure that American workers are not overlooked or replaced in the process.

Reporting Suspected H-1B Fraud or Abuse

We have established an email address dedicated to receiving information about suspected H-1B fraud or abuse. Anyone (including both American workers and H-1B workers who suspect they or others may be the victim of H-1B fraud or abuse) can email [email protected] to submit tips, alleged violations, and other relevant information about potential H‑1B fraud or abuse. When submitting information to [email protected], please provide the following information in the email:

• The name of the H-1B petitioning employer/company
• The address of the employer/company or location of the H-1B worker(s), including the city and state
• A description of the alleged violation, abuse, or suspected fraud
• Your email address
• Your name and phone number (optional)
• Any other information that may be useful to investigate the alleged fraud or abuse

Individuals are also encouraged to report allegations of employer fraud and abuse by submitting a Form WH-4 to the Department of Labor’s (DOL) Wage and Hour Division. The public may also contact U.S. Immigration and Customs Enforcement (ICE) by completing the HSI Tip Form.

H-1B Fraud and Abuse Indicators

Examples of H-1B fraud indicators may include:

• The H-1B worker is not or will not be paid the wage certified on the Labor Condition Application (LCA).
• There is a wage disparity between H-1B workers and other workers performing the same or similar duties, particularly to the detriment of U.S. workers.
• The H-1B worker is not performing the duties specified in the H-1B petition, including when the duties are at a higher level than the position description.
• The H-1B worker has less experience than U.S. workers in similar positions in the same company.
• The H-1B worker is not working in the intended location as certified on the LCA.

Protections for H-1B Workers Who Report Suspected Fraud or Abuse

If an H-1B worker reports suspected fraud or abuse, immigration law may provide certain protections to these workers. If an H-1B worker:

• applies to extend their H-1B status or change their nonimmigrant status,
• indicates that they faced retaliatory action from their employer because they reported an LCA violation, and
• lost or failed to maintain their H-1B status,

we may consider this situation to be an instance of ‘‘extraordinary circumstances’’ as defined by sections 214.1(c)(4) and 248.1(b) of Title 8, Code of Federal Regulations. Normally, H‑1B workers are not eligible to extend or change their status if they have lost or failed to maintain their H-1B status. However, if they can demonstrate ‘‘extraordinary circumstances,’’ we may use our discretion to excuse this requirement on a case-by-case basis.

Expansion of Site Visits

Since 2009, we have conducted random administrative site visits to ensure that employers and foreign workers are complying with requirements of the H-1B nonimmigrant classification. We verify H-1B workers’ wages, job duties, and work locations during site visits. This action is not meant to target nonimmigrant employees for any kind of criminal or administrative action but rather to identify employers who are abusing the system. 

We seek to determine if workers are not being paid while in the United States as they wait for projects or work, a practice known as “benching” which violates U.S. immigration laws. We also conduct site visits in cases where there are suspicions of fraud or abuse and refer many of the cases to our counterparts at U.S. Immigration and Customs Enforcement (ICE) for further investigation. 

Starting this month, we will take a more targeted approach focusing on:

• H-1B-dependent employers (those who have a high ratio of H-1B workers as compared to U.S. workers, as defined by statute);
• Cases where we cannot validate the employer’s basic business information through commercially available data; and
• Employers petitioning for H-1B workers who work off-site at another company or organization’s location.

Targeted site visits will also help us determine whether H-1B-dependent employers who normally must meet H-1B recruitment attestation requirements are actually paying their workers the statutorily required salary to qualify for an exemption from these requirements. These site visits will assist in determining if these employers are evading their obligation to make a good faith effort to recruit U.S. workers and to not displace U.S. workers.

Targeted site visits will allow us to focus resources where fraud and abuse of the H-1B program may be more likely to occur. We will also continue to make unannounced and random visits to all H-1B employers across the country, both before and after any petition is adjudicated. 

Promoting Transparency

Transparency about how the H-1B program is being used is vital to ensuring accountability for employers and improving policies and practices that protect American workers. After the H-1B cap filing season for fiscal year (FY) 2018 concludes, USCIS plans to publish a report on the H-1B visa petitions submitted for FY 2018 along with data about the petitions. We also plan to create a web-based, searchable platform for the public to better understand how H-1B visas are being used. 

[TampaChinnodu]

2 hours ago, icecreamZ said:

truesday crying post

truesday ?

[TampaChinnodu]

LTT

[TampaChinnodu]

Someone from Ashburn, VA writes: 

Indian IT company. Mainly Cognizant Technology Solutions has been abusing the EB1C Green Card category for many years now. Only requirement for EB1C is that the employee must be a manager for 1 year out of the country. EB1C status does not need to file Perm Labor application with DOL as well as there is no wage requirement nor high education qualifications needed. The employee and their whole family get EAD cards as soon as they arrive in the US and file their I-140 and I-485 concurrently. This is having an adverse effect on EB2/EB3 categories especially for people born in India as there is no spillover happening from EB1 India. The company acknowledges the same and had recently gave out a statement that they will no longer use EB2/EB3 categories for their employess but just plain EB1C as long as the loophole is open. It is unfair for Indian born people who applied more than a decade ago in EB2/Eb3 categories and waiting patiently in the line and contributing to the country for more than a decade just to see some person who is just a manager offshore in India come into the USA and get a Green Card in EB1c category in less then 1 year without any significant contribution to the great country.

[solman]

5 minutes ago, TampaChinnodu said:

Someone from Ashburn, VA writes: 

Indian IT company. Mainly Cognizant Technology Solutions has been abusing the EB1C Green Card category for many years now. Only requirement for EB1C is that the employee must be a manager for 1 year out of the country. EB1C status does not need to file Perm Labor application with DOL as well as there is no wage requirement nor high education qualifications needed. The employee and their whole family get EAD cards as soon as they arrive in the US and file their I-140 and I-485 concurrently. This is having an adverse effect on EB2/EB3 categories especially for people born in India as there is no spillover happening from EB1 India. The company acknowledges the same and had recently gave out a statement that they will no longer use EB2/EB3 categories for their employess but just plain EB1C as long as the loophole is open. It is unfair for Indian born people who applied more than a decade ago in EB2/Eb3 categories and waiting patiently in the line and contributing to the country for more than a decade just to see some person who is just a manager offshore in India come into the USA and get a Green Card in EB1c category in less then 1 year without any significant contribution to the great country.

[TampaChinnodu]

6 hours ago Someone from Houston, TX writes:  This is not fair as company's are abusing this loophole and filing GC for any Tom, Dick & Harry who can show that they have worked abroad for 1 year in some managerial position. EB1 category is for people with extraordinary & outstanding abilities. Lawmakers need to look into this and stop its misuse.

[TampaChinnodu]

eedu evado blog kooda raasthunnadu

http://eb1cmanagerfraud.blogspot.com/

[TampaChinnodu]

Year over Year Abuse of Eb1C (Source Immigration Statistics Yearbook at dhs.gov )

YEAR	EB1C (Multinational Manager)Green Card visas issued
2011	14,072
2012	13,905
2013	13,849
2014	20,162
2015	27,843
2016	38,921

[TampaChinnodu]

Someone from Montville, NJ writes: 

The abuse of undeserving candidates who are truely not international managers should stop. This is causing EB2 candidates suffer long wait time.

[tennisluvr]

Just now, TampaChinnodu said:

Someone from Montville, NJ writes: 

The abuse of undeserving candidates who are truely not international managers should stop. This is causing EB2 candidates suffer long wait time.

Bro all this is good but do you really think signing petitions online and commenting would make any affect? Who's going to read all this except people like you and I? 

[TampaChinnodu]

Just now, tennisluvr said:

Bro all this is good but do you really think signing petitions online and commenting would make any affect? Who's going to read all this except people like you and I? 

Better than doing nothing. Govt side nundi there will definitely wont be any reform. But atleast public nundi outrage vasthe WITCH companies might back down little. Like the way they are backing down on onsite employees.

[princeofheaven]

5 minutes ago, TampaChinnodu said:

Better than doing nothing. Govt side nundi there will definitely wont be any reform. But atleast public nundi outrage vasthe WITCH companies might back down little. Like the way they are backing down on onsite employees.

no way, clients emaina godava cheste tappithe vallu evarni pattinchukoru

[tennisluvr]

41 minutes ago, princeofheaven said:

no way, clients emaina godava cheste tappithe vallu evarni pattinchukoru

Exactly they won't be bothered by public outcry. Most of that public is H1B visa holders anyway, so they won't even care.