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H-1B Visas Fraud

The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly... more +
The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly specialized knowledge and the attainment of at least a bachelor's degree or its equivalent." Examples of specialty occupations include chemistry, mathematics, engineering, medicine, and architecture, to name a few. Individuals may not apply for H-1B visas; they are distributed only through the approval of employer petitions. In order to protect U.S. workers from unfair competition resulting from the program, the rules require that employers pay nonimmigrant workers equivalent wages to similarly-situated U.S. workers or the industry's prevailing wage. H-1B visas are subject to a yearly cap which is currently set at 85,000.   less -
Husch Blackwell LLP

New Proposed H-1B Rules Seek to Modernize Requirements and Reduce Fraud

Husch Blackwell LLP on

On October 23, 2023, U.S. Citizenship and Immigration Service (USCIS) issued a notice of proposed rulemaking to amend the H-1B regulations. These proposed rules are seen as a significant step to modernize the H-1B...more

Guidepost Solutions LLC

Navigating Corporate Risk: The Imperative of Thorough H-1B Program Audits

In the realm of corporate risk, immigration-related concerns often take a back seat. But a closer look at the current Administration’s actions reveals where priorities lie and which industries, sectors, and companies may be...more

Jackson Lewis P.C.

H-1B Update: Suspecting Fraud, USCIS Challenges, Denies Some Petitions, and Foreign Nationals Sue

Jackson Lewis P.C. on

USCIS has been issuing challenges and even denials to some H-1B petitions based upon allegations of suspected lottery fraud. USCIS appears to be taking the position that fraud occurs when multiple registrations are submitted...more

Jackson Lewis P.C.

FY 2024 H-1B Cap Update: Second Random Selection From Previously Submitted Registrations Completed

Jackson Lewis P.C. on

After conducting and completing a second round of selections to reach the FY 2024 H-1B cap, USCIS has notified all prospective petitioners of their selection. In the second round, USCIS selected an additional 77,600...more

Tarter Krinsky & Drogin LLP

H-1B Cap Registration Update: USCIS Announces a Second Round of Selections

U.S. Citizenship and Immigration Services (USCIS) announced on July 27 that it will conduct a second round of random selections from the previously submitted FY 2024 H-1B pre-registrations. These pre-registration requests...more

Husch Blackwell LLP

U.S. Government Investigates H-1B Visa Lottery Irregularities

Husch Blackwell LLP on

It was widely reported last month—including by the Wall Street Journal and Associated Press— that the U.S. government is investigating alleged collusion by some companies to “increase the chances that their prospective...more

Jackson Lewis P.C.

USCIS: Substantial Increase in H-1B Registrations for FY 2024 May Indicate Potential Fraud

Jackson Lewis P.C. on

USCIS has announced that the total number of eligible registrations submitted for FY 2024 was 758,994 (up from 474,421 eligible registrations submitted for FY 2023). Of the 758,994 eligible registrations submitted, USCIS said...more

Constangy, Brooks, Smith & Prophete, LLP

USCIS investigating alarming level of potential H-1B fraud

On Friday, the U.S. Citizenship and Immigration Services announced that there was a dramatic increase in multiple H-1B registrations for single individuals for Fiscal Year 2024. The agency announced that it has...more

Jackson Lewis P.C.

Ex-CEO Of IT Staffing Companies Guilty Of H-1B Visa Fraud

Jackson Lewis P.C. on

A federal judge has sentenced Pradyumna Kumar Samal to more than seven years in prison, fined him $10,000, and ordered him to pay restitution for the taxes he stole. United States of America v. Samal, No. 2:18-cr-00214 (W.D....more

Faegre Drinker Biddle & Reath LLP

H-1B in Transition: H-1B Lottery Conducted, 'Buy American and Hire American' EO and Other H-1B Measures to Deter Fraud

The H-1B work visa is in a state of transition. Companies and workers who rely on H-1B visas should be aware of several important changes this spring on the H-1B category, including an update on the H-1B lottery conducted by...more

Baker Donelson

Immigration Update: Targeted Site Visits and Restrictions on Computer Programmers in the H-1B Program; Plan B Options If You Don't...

Baker Donelson on

This month: Targeted Site Visits and Restrictions on Computer Programmers in the H-1B Program; Plan B options if you don't win the H-1B lottery. In the midst of the mad flurry of H-1B cap filings, United States...more

Tonkon Torp LLP

New Executive Order Targets H-1B Visas

Tonkon Torp LLP on

On April 18, 2017, President Trump signed an Executive Order (EO) entitled "Buy American and Hire American," which addresses the H-1B visa program, among other topics. Increased Enforcement; New Regulations and Guidance...more

Amundsen Davis LLC

U.S. Citizenship and Immigration Services and Department of Labor Announce Further Measures to Detect H-1B Visa Fraud and Tighten...

Amundsen Davis LLC on

While the H-1B petitions submitted for the lottery this cap season were still in transit to the U.S. Citizenship and Immigration Services (USCIS), both the USCIS and the Department of Labor (DOL) announced several measures...more

FordHarrison

New Precedent Decision Revoking an Approved H-1B Work Visa Petition Poses Dire Consequences for the Consulting Industry

FordHarrison on

On April 9, 2015, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Service (CIS) issued a precedent decision affirming the California Service Center (CSC) Director's revocation of an H-1B...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Misuse Of Visas Lands Tech Giant In Hot Water

Infosys, an Indian technology outsourcing company, has agreed to pay a fine of $34 million after an extensive investigation by federal prosecutors in Texas. The investigation alleged that the tech giant misused the B-1...more

Proskauer Rose LLP

USCIS Site Visits – Expanding to L-1 Petitioners

Proskauer Rose LLP on

The United States Citizenship and Immigration Service (USCIS) created and implemented the Administrative Site Visit and Verification Program (ASVVP) in July 2009, under which it conducts unannounced site inspections at the...more

Laner Muchin, Ltd.

Indian Corporation Pays Record Fine Of $34 Million To U.S. Government To Settle Allegations Of Systemic Visa Fraud And Abuse Of...

Laner Muchin, Ltd. on

Infosys Corporation, an Indian corporation with offices in 17 cities in the U.S., has agreed to a civil settlement of $34 million to settle allegations of systemic visa fraud and abuse of immigration processes in the B-1 visa...more

Baker Donelson

Immigration Corner - November 13, 2013

Baker Donelson on

Snapshots of both big picture and meaningful small-scale developments in the world of immigration. This month: a technology giant's hefty immigration fine and its implications, an improved interactive website for...more

Thomas Fox - Compliance Evangelist

Red Sox Win The World Series: Character Does Matter – In Sports And Compliance

On Wednesday the Boston Red Sox won their first World Series at home since 1918. The Red Sox had finally bested the Curse of the Bambino back in 2004 when they defeated their 2013 opponent, the St. Louis Cardinals, but they...more

Epstein Becker & Green

Immigration Alert: April 2013

In This Issue: Comprehensive Immigration Reform Debate Begins! USCIS Reports That H-1B Cap Is Reached in First Week; New Form I-9 Becomes Effective on May 7, 2013; CBP Announces Form I-94 Automation; DOS Permits Access to...more

Epstein Becker & Green

Immigration Alert: January 2013

Epstein Becker & Green on

In this issue: - H-1B Nonimmigrant Season Opens on April 1, 2013, for Fiscal Year 2014 - Report Finds Immigration Laws Frustrate the Admission of Critical Health Care Professionals - Senators Offer...more

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