H-1B Fraud And You

There has been much discussion in the news lately about suspected H-1B fraud that is taking place and the measures that are being put in place in order to combat this fraud. But truthfully, most people probably do not know, nor understand what constitutes fraud. If you suspect that H-1B fraud is occurring, here is some information you may need to know:

Exactly What is H-1B?

Each year, thousands of foreign nationals participate in a lottery. In this lottery, they apply for and are issued H-1B visas which allow them to come and work U.S employers. Although there is a cap of 65,000 on the number of visas that may be issued or provide workers with H-1B status each year, exemptions and roll-overs increase the actual number issued to well over 100,000 each year.

To participate in the H-1B lottery and qualify for an H-1B visa, the applicant must possess a bachelor's degree or higher, as well as state licensure if it is required to practice in the specialty occupation field they are applying to work in. Some of the fields of work that qualify include:

  • Biotechnology
  • Chemistry
  • Engineering
  • Mathematics
  • Social Sciences
  • Law
  • Health
  • The Arts and more

How Does H-1B Fraud Occur?

H-1B fraud can occur on the part of the workers applying for the visa, as well as on the part of the recruiter and/or employers who attempt to hire the workers. The fraud that most often occurs on the part of the employees include:

  • Falsification of documentation
  • Misrepresenting education 
  • Lying to government officials and more

Recruiters or brokers are often guilty of some of the following:

  • Hiring or recruiting workers for which no jobs exist
  • Charging workers recruitment or placement fees
  • Taking a percentage of the workers' income
  • Paying H-1B workers less than other workers for the same job
  • Placing workers in less than ideal work environments and other similar situations

If you suspect H-1B fraud or abuse on behalf of your employer or another employee that works with you, the first thing that you will want to do is to contact an immigration attorney. The immigration attorney will be able to point you in the right direction while providing you or the worker with the protections that they need in order to not face deportation. In addition to this, there is an email address that you can report it through. The address is [email protected]. Do not allow H-1B fraud to continue in the workplace. Be the voice that helps it to end.
Contact a company like Kassel & Kassel A Group of Independent Law Offices for more information and assistance.