How to Handle H-1B Abuse and Fraud

By: Paul Henson

The Fraud Detection and National Security Directorate (FDNS) has launched the email address reporth1babuse@uscis.dhs.gov. This is to fortify the agency’s combat against fraud and abuse within the existing H-1B Visa Program.

This helpline aims to give abused individuals, both American workers and H-1B beneficiaries, a platform to submit tips and report violations regarding a possible abuse and fraud in the H-1B Visa Program. Once reported it will be subject to investigation. This information will be forwarded to law enforcement agencies for possible prosecution.

H-1B abuse and fraud includes the following: the beneficiary is not being paid the wage reflected in the certified Labor Condition Application (LCA), the beneficiary is not assigned and is not working on the work location in the certified LCA, and H-1B worker has less experience than U.S. workers in similar positions in the same company.

When reporting a potential abuse, it is helpful to include the following information: name of the H-1B petitioning employer/company, address of the employer/company or location of the H-1B worker(s), including the city and state, a description of the alleged violation, abuse, or suspected fraud, and email address.

There were reported 5,000 tips of Fraud and Abuse regarding the H-1B Visa Program received by the US Citizenship and Immigration Services (USCIS) as of May this 2018.