H-1B visa fraud: You can't escape US immigration officials; here's how they detect foul play | Today News

US President Donald Trump's administration has ramped up scrutiny of the H-1B visa applications. The US Citizenship and Immigration Services (USCIS) expanded US visa screening to detect fraudulent cases, limit immigration, and ensure national security and job security for Americans. The deepened scrutiny has led to a delay in H-1B visa appointments.

In the past year, the US department said it would take a more targeted approach, focusing on H-1B-dependent employers, cases where officials could not validate the employer’s basic business information, and employers petitioning for H-1B workers who work off-site at another company or organisation’s location.

In its document, USCIS listed a set of indicators that suggest possible cases of H-1B visa fraud. They are: 1. The H-1B worker is not or will not be paid the wage certified on the Labor Condition Application (LCA)

2. Wage disparity between H-1B workers and other workers performing the same or similar duties, particularly to the detriment of US workers.

3. 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.

4. The H-1B worker has less experience than US workers in similar positions in the same company.

5. The H-1B worker is not working in the intended location as certified on the LCA.

A case emerged in 2019, wherein a person, identified as 52-year-old Abhijit Prasad, was convicted of 21 counts of visa fraud and two counts of aggravated identity theft.

The evidence during trial revealed that Prasad had filed 19 petitions for H-1B non-immigrant visas containing false statements, made under penalty of perjury, as to purported work projects to be performed at locations in California, including Cisco Systems.

According to the ICE, the evidence further showed that Prasad "knowingly submitted forged Cisco documents to United States Citizenship and Immigration Services in support of his claims that the beneficiaries would work at Cisco."

Prasad had also fraudulently used the digital signature of a Cisco employee, who was not authorised to sign a Cisco employment document. He had obtained two H-1B visas using this fraudulent document, which was misrepresented as a fully executed Cisco contract.

Does your H-1B application look 'normal'? The USCIS will compare it with several other applications, watching, cross-checking, and verifying — often without warning.

During the visits, officials verify H-1B workers’ wages, job duties, and work locations.

The US department also makes unannounced and random visits to all H-1B employers across the country, both before and after any petition is adjudicated.

They can fill out the USCIS's online tip form to report the issue in detail.

An RFE could be sent for many reasons. They may include: > The petition as submitted does not demonstrate the applicant's eligibility. "As such, an RFE is an additional opportunity for the petitioner to submit evidence to establish eligibility," the USCIS said in a document released in 2019.

> To check "whether the Labor Condition Application (LCA) properly corresponds to the proffered position in the petition," the document stated.

To the best, avoid: Careless paperwork, inconsistent stories and shortcuts. The applicants must also: 1. Read the filing instructions very carefully

2. Make sure each form has an original signature

3. Include signed checks or money orders with the correct fee amount.

4. Submit all required documentation and evidence with the petition at the time of filing

5. Ensure that the LCA properly corresponds to the position in your petition.

6. File the petition with the correct USCIS service center

7. Ensure beneficiary’s name is spelt properly and that his or her date of birth is displayed in the proper format (that is, month-date-year