Explained: How employers misuse H-1B visas to hire foreign workers
What's the story
The H-1B visa program, meant to assist US businesses in hiring skilled foreign workers, has been under the scanner for possible fraud. US Citizenship and Immigration Services (USCIS) has expressed concerns about the program's misuse such as paying lower wages for similar work. In a recent case, an Indian-origin businessman was sentenced to 14 months in federal prison for his role in submitting fraudulent H-1B applications.
Signs
Indicators of visa fraud
There are various red flags that can help detect possible fraud in the H-1B visa program. For example, if an H-1B worker isn't receiving the wage certified on his/her Labor Condition Application (LCA), or if there's a pay gap between H-1B workers and other employees doing similar work. Other red flags could be inconsistencies in job duties, experience levels or work locations according to the terms of their respective visa petitions.
Exploitation
EEOC's warning to employers
Several US employers have been accused of abusing the H-1B visa program to drive down wages and opportunities for American workers, by hiring more foreign labor. Andrea Lucas, Acting Chair of the US Equal Employment Opportunity Commission (EEOC), warned employers engaged in such practices. "The EEOC is putting employers on notice: If you are part of the pipeline contributing to our immigration crisis or abusing our legal immigration system via illegal preferences against American workers, you must stop," she said.
Increased scrutiny
USCIS intensifies oversight of H-1B visa program
To prevent misuse of the H-1B visa, USCIS has expanded site visits, interviews, and investigations of petitioners utilizing this program. These efforts seek to ensure that American workers are not ignored or displaced in the process. Both American employees and H-1B workers can report suspected instances of fraud or abuse under the H-1B visa to USCIS.