H-1B Fraud and Abuse Indicators

Examples of H-1B fraud indicators may include:

  • The H-1B worker is not or will not be paid the wage certified on the Labor Condition Application (LCA).
  • There is a wage disparity between H-1B workers and other workers performing the same or similar duties, particularly to the detriment of U.S. workers.
  • The H-1B worker is not performing the duties specified in the H-1B petition, including when the duties are at a higher level than the position description.
  • The H-1B worker has less experience than U.S. workers in similar positions in the same company.
  • The H-1B worker is not working in the intended location as certified on the LCA.

https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/combating-fraud-and-abuse-h-1b-visa-program?fbclid=IwAR3vHOV_sl2XKpPilBBwVIkm82ehNNZqlfqN8xLak2Rr2ZicbbQ_eVEml7k

 

Leave a Reply

Your email address will not be published. Required fields are marked *