H1B Workers Denied Entry Based on Perceived Inconsistencies in Resumes

[snoww]

H1B Workers Denied Entry Based on Perceived Inconsistencies in Resumes

22 Feb 2021

 

Foreign nationals requesting admission (or readmission) to the United States in H1B status, especially those serving as consultants in the IT industry, continue to face scrutiny from U.S. Customs and Border Protection (CBP) officers stationed at U.S. ports of entry. One tool CBP officers frequently use to help determine whether a person should be admitted involves searching foreign nationals’ electronic devices and examining their resumes, looking for discrepancies or other possible areas of concern related to their employers or clients. In recent years, prospective or returning H1B workers with vague or inaccurate resumes have been interrogated and, in many cases, denied entry through expedited removal orders or withdrawal of the application for admission.

CBP Has Authority to Search Electronic Devices

CBP officers have tremendous discretion to grant or refuse admission to the United States. Further, CBP has broad authority to search the data saved on the electronic devices of foreign nationals requesting admission to the United States, including eMails, text messages, social media posts, and saved documents. CBP officers may examine such data to determine whether the individual’s stated reasons for visiting the United States are consistent with the approved petition, visa application, or other representations to the government. In the H1B context, this examination can include information related to the individual’s work location, salary and other payments, the employer-employee relationship with the petitioner, and other factors.

Denial of Entry to the U.S. Permissible for Fraud / Misrepresentation

As mentioned, a more recent CBP tactic involves examining resumes H1B workers have submitted to employers, clients, or the government for exaggerated or inaccurate experience, or for other information that may be perceived as inconsistent with the individual’s approved petition or immigration history. An H1B worker with exaggerated experience may be accused of obtaining the position or assignment – and therefore the H1B approval – fraudulently.

Denials Based on Perceived Inconsistencies

More troubling are the reports from individuals who have been denied entry based on the CBP’s misunderstanding of the information in the resumes, eMails, or other documents discovered on the laptops or cell phones searched. For example, it is common for an IT consultant to include a client’s name and locations on a resume in order to highlight the types of companies and industries with which that person has gained experience. The Murthy Law Firm has received reports of consultants who have provided remote services to U.S.-based clients while living overseas, included the clients’ U.S. locations in their respective resumes, and have then been accused of either working in the United States without authorization, or of creating a false resume with exaggerated information.

Conclusion

Given the scrutiny at ports of entry and the possibility that information can be misinterpreted, H1B workers should be aware of the data contained in their electronic devices like cell phones, laptops, or iPads, while traveling to the United States. Similarly, H1B workers should carefully review and understand the information included in the H1B petitions filed on their behalf, and answer any perceived inconsistencies, thoroughly and accurately, if questioned by a skeptical CBP officer.

[BeerBob123]

Recent ga oka Amazon employee deported

pOE SFO

[Rebel_Uncle]

2 minutes ago, BeerBob123 said:

Recent ga oka Amazon employee deported

pOE SFO

wtf story enti

[snoww]

Murthy vaadu sudden gaa ee topic enduku posted. 

[csrcsr]

Wtfck maa friend works in ripple sf heard he got questioned for 20 mins and let him in wow scary

[csrcsr]

Thanks for sharing bro

[kevinUsa]

Telisina frnd wife deported at chicago die to fake resume 

 

[zarathustra]

3 minutes ago, kevinUsa said:

Telisina frnd wife deported at chicago die to fake resume 

 

Wow story enti bro

[Spartan]

35 minutes ago, BeerBob123 said:

Recent ga oka Amazon employee deported

pOE SFO

@BeerBob123   SFO na....

its the most liberal POE.....something fishy emo vadi profile lo...

[tom bhayya]

9 minutes ago, snoww said:

Murthy vaadu sudden gaa ee topic enduku posted. 

NPU tejams getting deported at POE's 

[tom bhayya]

Just now, Spartan said:

@BeerBob123   SFO na....

its the most liberal POE.....something fishy emo vadi profile lo...

 

Just now, tom bhayya said:

NPU tejams getting deported at POE's 

 

[Spartan]

Just now, tom bhayya said:

NPU tejams getting deported at POE's 

yes most propably a flag undochu...

[tom bhayya]

Just now, Spartan said:

yes most propably a flag undochu...

chicago lo aithey okarini deported recent ga 

[zarathustra]

Just now, tom bhayya said:

chicago lo aithey okarini deported recent ga 

Anta dat com news or real?

[tom bhayya]

1 minute ago, zarathustra said:

Anta dat com news or real?

real ey