H-1B visa fraud alive and well amid anti-abuse efforts
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In depth The US Citizenship and Immigration Service (USCIS) last October proposed new rules to reform the H-1B visa program following its acknowledgement of widespread fraud in April last year.
At that time, USCIS, part of the Department of Homeland Security, announced it had “undertaken extensive fraud investigations” based on suspicions that certain employers – such as some IT outsourcers – were attempting to abuse the H-1B lottery process by submitting multiple visa applications for the same person.
The visa is a gold ticket to America for foreigners: among other things, it gives them a runway to apply for permanent residency, and greater freedom, which in turn provides a pathway to citizenship.
“The new rules are only intended to address one aspect of fraud, which is multiple submissions by the same person,” noted John Miano, a fellow with the conservative Center for Immigration Studies, who has testified before Congress about foreign labor.
A source familiar with the Indian IT community in the US – who asked not to be identified out of concern for retribution – described a culture of corruption through which technology consultancies, working with larger firms that turn a blind eye to abuse, exploit the lack of H-1B oversight for financial gain.
They allege the firm illegally discriminated against them based on race and age by firing them and giving their jobs to lower paid Indian tech workers on temporary work visas.
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