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F*ke Res*mes Lead to H-1B Refusals


Gains

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http://immigrationgirl.com/fake-resumes-lead-to-h-1b-refusals/

Individuals  seeking entry into the United States are inspected at Ports of Entry by U.S. Customs and Border Protection (CBP) officers who determine their admissibility. Under the authority granted by the INA, a CBP officer may question, under oath, any person coming into the United States to determine his or her admissibility. In addition, an inspector has authority to search without warrant the person and effects of any person seeking admission, when there is reason to believe that grounds of exclusion exist which would be disclosed by such search. Even though USCIS may have approved an H-1B petition, a CBP officer at the port of entry gets to decide whether to admit an H-1B non-immigrant into the United States. The facts and circumstances presented at the time of application for entry are the basis of this decision. The Immigration and Nationality Act (INA) sets forth a list of circumstances which would make a visa holder ineligible to be admitted into the United States. These range from health-related grounds, to criminal grounds, national security, financial, previous immigration violations, and in this case, issuance of a visa that is not in compliance.

It is becoming more common for H-1B travelers to be referred to secondary inspection at the port of entry. This can result in questioning under oath and searches of any cell phone, laptop, or other electronic device being carried. We have received reports of recent incidents in which H-1B workers’ cell phones and sworn statements in secondary inspection revealed multiple versions of resumes purporting to show that the individuals had years of experience with different U.S. employers. The individuals stated under oath that they or their employers had been submitting fake resumes to U.S. employers in an effort to secure work. Although the fake resumes were never submitted to USCIS to procure the H-1B petition approval, the officers found that the visas issued by the U.S. Consulate were not in compliance with the INA, thus making the individuals inadmissible.

When an individual is found to be inadmissible at the port of entry, they are subject to Expedited Removal, a form of deportation which happens immediately and without going before an immigration judge. The long-term consequence of Expedited Removal is the possible enforcement of a five-year ban from entering the United States. Some individuals were able to avoid this consequence by requesting to withdraw the application for admission and return to their home country. However, just because an application for admission is withdrawn does not mean that the information obtained during the interview goes away. If an employer is involved in creating and/or distributing fake resumes, it can ultimately lead to an ICE investigation of the entire company.

There are a few takeaways that can be gleaned from these events. First, foreign nationals and their U.S. employers should never be involved in the kinds of activities discussed above. Second, travelers into the United States should be aware that any item they carry into the country can be searched without a warrant if there is any question that a ground for inadmissibility may exist. Cell phones, laptops, and documents can be accessed as part of the admissions process. Food items can be scrutinized. Cash can be questioned. Third, anyone in this day and age should be cognizant of the information posted online, especially on social media sites like Facebook, and job boards, such as LinkedIn. Lastly, The U.S.’s National Security Agency monitors communications between the US and foreign nationals over the internet. This can include everything from email, to chat, videos, photos, stored data, file transfers, and logins. Although this kind of monitoring would likely be unconstitutional if carried out against U.S. citizens, foreign nationals do not enjoy the same protection.

Expect additional scrutiny by U.S. consulates and officers at the ports of entry.

immigrationgirl-pic-cropped-148x150.png ~ImmigrationGirl

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3 hours ago, Gains said:

 

http://immigrationgirl.com/fake-resumes-lead-to-h-1b-refusals/

Individuals  seeking entry into the United States are inspected at Ports of Entry by U.S. Customs and Border Protection (CBP) officers who determine their admissibility. Under the authority granted by the INA, a CBP officer may question, under oath, any person coming into the United States to determine his or her admissibility. In addition, an inspector has authority to search without warrant the person and effects of any person seeking admission, when there is reason to believe that grounds of exclusion exist which would be disclosed by such search. Even though USCIS may have approved an H-1B petition, a CBP officer at the port of entry gets to decide whether to admit an H-1B non-immigrant into the United States. The facts and circumstances presented at the time of application for entry are the basis of this decision. The Immigration and Nationality Act (INA) sets forth a list of circumstances which would make a visa holder ineligible to be admitted into the United States. These range from health-related grounds, to criminal grounds, national security, financial, previous immigration violations, and in this case, issuance of a visa that is not in compliance.

It is becoming more common for H-1B travelers to be referred to secondary inspection at the port of entry. This can result in questioning under oath and searches of any cell phone, laptop, or other electronic device being carried. We have received reports of recent incidents in which H-1B workers’ cell phones and sworn statements in secondary inspection revealed multiple versions of resumes purporting to show that the individuals had years of experience with different U.S. employers. The individuals stated under oath that they or their employers had been submitting fake resumes to U.S. employers in an effort to secure work. Although the fake resumes were never submitted to USCIS to procure the H-1B petition approval, the officers found that the visas issued by the U.S. Consulate were not in compliance with the INA, thus making the individuals inadmissible.

When an individual is found to be inadmissible at the port of entry, they are subject to Expedited Removal, a form of deportation which happens immediately and without going before an immigration judge. The long-term consequence of Expedited Removal is the possible enforcement of a five-year ban from entering the United States. Some individuals were able to avoid this consequence by requesting to withdraw the application for admission and return to their home country. However, just because an application for admission is withdrawn does not mean that the information obtained during the interview goes away. If an employer is involved in creating and/or distributing fake resumes, it can ultimately lead to an ICE investigation of the entire company.

There are a few takeaways that can be gleaned from these events. First, foreign nationals and their U.S. employers should never be involved in the kinds of activities discussed above. Second, travelers into the United States should be aware that any item they carry into the country can be searched without a warrant if there is any question that a ground for inadmissibility may exist. Cell phones, laptops, and documents can be accessed as part of the admissions process. Food items can be scrutinized. Cash can be questioned. Third, anyone in this day and age should be cognizant of the information posted online, especially on social media sites like Facebook, and job boards, such as LinkedIn. Lastly, The U.S.’s National Security Agency monitors communications between the US and foreign nationals over the internet. This can include everything from email, to chat, videos, photos, stored data, file transfers, and logins. Although this kind of monitoring would likely be unconstitutional if carried out against U.S. citizens, foreign nationals do not enjoy the same protection.

Expect additional scrutiny by U.S. consulates and officers at the ports of entry.

immigrationgirl-pic-cropped-148x150.png ~ImmigrationGirl

ee immigration girl antey ITserve related ee kada. vallu sesesi mostly ave kada.

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Just now, TampaChinnodu said:

ee immigration girl antey ITserve related ee kada. vallu sesesi mostly ave kada.

anthe anthe..    leni poni vii lepi dhandha chesthunaruuuu

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