Department of Homeland Security Secretary, Janet Napolitano, confirmed recently that its Department is implementing fraud prevention tactics in H-1B petitions. In one of my recent blogs, I discussed USCIS profiling of companies when evaluating H-1B petitions. Now there is an official confirmation of this. In light of this confirmation, it is worth going back and reading my prior blog with special attention to the charts at the end of the blog to find out if your company fits the profile. If after reviewing my blog you feel that your company may fit the profile, here is what you should consider doing as a preventative measure.
• Write to your congressman and explain to them that USCIS tactics of targeting small companies is not helpful to the economy and may be violating the Equal Protection Clause of the Fourteenth Amendment.
• Understand that, the H-1B petition must be substantially detailed. The critical information dealing with employment location, nature of the work and nature of the company must be well documented in the application.
• Expect a Request for Evidence and prepare your documentation in advance so time is not wasted in gathering information you know you will need to submit.
Until USCIS finds more effective methods to uncover fraud, the law abiding companies that fit the profile will have to pay the price for the sins of those that perpetrate fraud. No, there is no fairness in this policy.