FDNS (Fraud Detection and National Security) H-1B Investigations
FDNS H1B Assessment Overview and History:
FDNS H1B Assessment Overview and History:
The Office of Fraud Detection and National Security (FDNS), a Division of the National Security and Records Verification (NSRV) Directorate, drafted this report, in collaboration with the other USCIS Directorates and the USCIS Office of Chief Counsel. All USCIS components reviewed the cases involving fraud or technical violations and the proposed enhancements to the H-1B program and concurred on the report.
For more information on this report please check the attachment.
This report from GAO describes: (1) how Labor carries out its H-1B program responsibilities; and (2) how Labor works with other agencies involved in the H-1B program.
The Department of Homeland Security (DHS) Office of Inspector General was established by the Homeland Security Act of 2002 (Public Law 107-296) by amendment to the Inspector General Act of 1978.
This report addresses the Fraud Detection and National Security program of United States Citizenship and Immigration Services. The program endeavors to detect and deter immigration benefit fraud. This report is based on interviews with employees and officials of relevant agencies and institutions, direct observations, and a review of applicable documents.
CIS Ombudsman released a recommendation on "Temporary Acceptance of Filed Labor Condition Applications (LCAs) for Certain H-1B Filings."
Please check attachment for detailed information.
We were recently retained by an employer who had received very poor legal advice and representation from two different lawyers because of which their employee and her children fell out of H-1 status AND were unlawfully present in USA since 2004. It appeared almost impossible that we will be able to get her back into status after a gap of over FIVE years, but it did work out. Today, we have received H-1 approval as well as the coveted I-94 for all family members.
My Year 2004's Pakistan Visit Experience:
Applied for my H1B stamp
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1. I came to Pakistan in June 15, 2004 with I-797 H1B approval notice
2. Applied for US visa stamp within a week or two
3. Got my passport back with interview req. after 2 weeks of application
4. Went the following day and showed them the following documents
a. I-797 H1B approval notice
b. Job Letter
c. Two recent paystubs
5. I was asked briefly about my job duties and was told that I'll get my passport back after security clearance
I would like to share my latest H1B visa stamping experience Islambad. My brief background: I came to US first in Aug 2004 on F1 visa with my wife and kid on F2 visas. We visited Pakistan in Jun 2006 while on F1. My H1B status started in Oct 2007. We came to Pakistan in last week of December 2008 and needed to obtain H1B visas to return back to USA. We got our appointment for Jan 9, 2009. VO asked few general questions related to job etc. and examined my original educational documents, letter from my employer, my tax returns and my salary slips.
We filed an H-1 application for a Bonsai Nursery/Facility Manager. USCIS issued a Request for Evidence (RFE) challenging whether or not a specific Bachelor’s level education is required for this position. We filed a detailed response, with voluminous evidence the specialized nature of the job. We urged USCIS to consider the merits of the job description and what it would take to perform the job. We argued job titles alone are not dispositive of the nature of a job.
USCIS approved the application.
I encourage you to sign a petition I have drafted at the request of our community urging the Obama Administration to reinstate reissuance of nonimmigrant visas (including work visas like H-1, student visas like F-1, and family visas) within the USA, a practice that was discontinued in 2004. If the petition receives 100,000 on-line signatures by February 23, the Administration will review it, send it to the appropriate policy experts in the administration, and issue an official response. Signing the petition takes only a few minutes.