USCIS Announces Further Measures to Detect H-1B Visa Fraud and Abuse Inbox

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced multiple measures to further deter and detect H-1B visa fraud and abuse. The H-1B visa program should help U.S. companies recruit highly-skilled foreign nationals when there is a shortage of qualified workers in the country. Yet, too many American workers who are as qualified, willing, and deserving to work in these fields have been ignored or unfairly disadvantaged.

H-1B for Programmers - 2017 Guidance

Note From Rajiv: 
There is nothing new in this memo that we have not encountered before.  What USCIS  has said in this memo is that the IT title “Programmer” is not necessarily a job that requires a degree AND further a degree in specific discipline.  If we claim otherwise, we have to prove our case.  We have to do that in many, many cases anyway.  Like I noted earlier, this is not new.

USCIS targets employers for H-1B investigation unverifiable, H-1B dependent, and off site consultants

From Rajiv: To identify employers who are abusing the H-1B visas, USCIS will now target for investigation three specific types of H-1B employers: unverifiable, H-1B dependent and consultants working at client sites.

USCIS Release

Agency Creates Avenue for American Workers to Report Abuse

PERM CMS Will Allow Submission Of Electronic Documentation, Beginning On And After 4/15/17

The new change to the PERM CMS will allow submission of electronic documentation beginning on and after 4/15/17 as announced by DOL.

Please use this User Guide which is designed for employers and attorneys/agents, describes the fundamentals of the Web-based system, including registering, logging in, preparing PERM application, and managing your user account. 

PERM Online System User Guide

Filing two quota H-1 petitions simultaneously through different companies

Question details

1. Is there any legal restriction to have two H-1B petitions from totally unrelated employers in the lottery to double my chances of getting H-1B?<br>

2. I do not intend to inform both the companies. Will they ever know that another company has also filed H1B on my behalf?<br>

3. What will happen in case both my H-1B petitions are approved (chances are rare). Can I join any company?
<br>
4. I also want to ask, is there any possibility USCIS can trigger RFE or NOID in case both H-1B petitions get approved?

FAQ Transcript





Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Does the H-1 60 days grace period apply when one quits a job?

Question details

1. Does the new 60 day grace period for H-1Bs apply to one after quitting their job ? Or is it only applied to situations only in the cases where the employer terminates the job?<br>

2. I am on H-1B and plan to quit my job and move back to India, I would need 3-4 weeks to wrap up things here after quitting the job. I am trying to see if I can use this 60 day grace period.

Watch the Video on this FAQ: Does the H-1 60 days grace period apply when one quits a job?

Video Transcript

1. According to the regulations what my best guess is it was reserved for those circumstances where you had no choice but to be out of status, but if you quit voluntarily I don't think you can claim the 60 day grace period.

FAQ Transcript





Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Can I go back and join an employer who has my I-140 approval, but I left them

Question details

I have worked for a company A and my I-140 was approved with PD of 2013. I worked another 7 months in the same company after I-140 approval and then moved to a new company with a similar profile. As far as I know, my I-140 has not been revoked. The new company B has also started Perm processing to get I-140 approved. I am working in Company B for almost a year now, and I would like to go back to my previous employer A. Can I rejoin Company A and pick up I-140 from there without restarting another PERM filing? Company A would like to take me back? Do I have to start the process all over again?

FAQ Transcript





Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

What if I never joined the employer who sponsored me for green card?

Question details

Working for the same company for 9+ years (7 yrs in the USA and since last 2 years in India Development Center for the same company). I received my GC in June 2016 and have got the physical cards delivered to me in India. Lost my father in Nov 2016. More than 9 months passed since GC - never traveled on GC so far or worked for the Sponsoring employer even for 1 day in the USA. I want to work and live in the US but for immediate time (next 1 to 2 years) I need to spend more time in India to console and support my grieving mother. My current company does not have any immediate work for me in the US. I am looking for options outside my company to come back to the USA. I am also considering an opportunity local in India.

Watch the Video on this FAQ: What if I never joined the employer who sponsored me for green card?


FAQ Transcript





Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.