Protections for H-1B Workers Who Report Suspected Fraud or Abuse

If an H-1B worker reports suspected fraud or abuse, immigration law may provide certain protections to these workers. If an H-1B worker:

  • applies to extend their H-1B status or change their nonimmigrant status,
  • indicates that they faced retaliatory action from their employer because they reported an LCA violation, and
  • lost or failed to maintain their H-1B status,

we may consider this situation to be an instance of ‘‘extraordinary circumstances’’ as defined by sections 214.1(c)(4) and 248.1(b) of Title 8, Code of Federal Regulations. Normally, H‑1B workers are not eligible to extend or change their status if they have lost or failed to maintain their H-1B status. However, if they can demonstrate ‘‘extraordinary circumstances,’’ we may use our discretion to excuse this requirement on a case-by-case basis.

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

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