The administration of US President Donald Trump has significantly intensified its examination of H-1B visa petitions. The US Citizenship and Immigration Services (USCIS) has broadened its screening protocols with the stated goals of identifying fraudulent cases, controlling immigration levels, and safeguarding both national security and job opportunities for American citizens. This heightened scrutiny is a primary factor behind the current delays in H-1B visa appointment scheduling.
Focus Areas and Common Fraud Indicators
Over the past year, US immigration authorities announced a more targeted strategy. Their focus is now squarely on H-1B-dependent employers, cases where an employer's basic business information cannot be verified, and situations where an employer is petitioning for an H-1B worker who will be placed off-site at another company's location.
In official guidance, USCIS has outlined specific red flags that may indicate potential H-1B visa fraud. Two major indicators include:
- The H-1B employee is not receiving, or will not receive, the wage certified on the mandatory Labor Condition Application (LCA).
- Significant wage disparities exist between H-1B workers and their American counterparts performing the same or similar duties, particularly when it disadvantages US workers.
A recent case highlighted by US Immigration and Customs Enforcement (ICE) involved an individual named Prasad. The evidence showed he "knowingly submitted forged Cisco documents" to USCIS to falsely claim the visa beneficiaries would work at Cisco. He also fraudulently used a Cisco employee's digital signature to obtain two H-1B visas.
How USCIS Uncovers Fraudulent Applications
USCIS employs a multi-pronged approach to detect irregularities in H-1B applications, often comparing them against numerous others for consistency.
1. Random and Unannounced Site Visits
To identify system abuse, officials conduct random site visits to verify compliance with H-1B program rules. These visits check H-1B workers' wages, actual job duties, and work locations. Importantly, these visits can occur both before and after a visa petition is approved and are made to employers nationwide.
2. Whistleblower Complaints
USCIS actively encourages reports of suspected fraud. Both American workers and H-1B workers who believe they or others are victims of fraud can submit detailed tips using the agency's online form.
3. Requests for Evidence (RFEs)
An RFE is issued when a petition, as initially filed, fails to demonstrate eligibility. It serves as an additional chance for the petitioner to provide proof. Common reasons for an RFE include verifying that the LCA matches the offered position, confirming a valid employer-employee relationship, and checking the beneficiary's qualifications.
4. Data Analysis and Targeted Programs
USCIS maintains extensive records on past denials, employer history, salary trends, and location changes. In 2017, it launched the Targeted Site Visit and Verification Program (TSVVP) to adopt a more data-driven method for verifying petitions.
Pro-Tips for a Smooth H-1B Visa Approval
To maximize the chances of approval, applicants should avoid careless paperwork, inconsistent information, and shortcuts. Key steps include:
- Read all filing instructions with extreme care.
- Ensure every form bears an original signature.
- Include signed checks or money orders for the exact fee amount.
- Submit all required documentation and evidence alongside the initial petition filing.
- Double-check that the LCA accurately corresponds to the position described in the petition.
- File the petition at the correct USCIS service center.
- Verify the beneficiary's name spelling and ensure the date of birth is in the proper month-date-year format.
