Newly Revealed H1B Primary Fraud Indicators That Trigger Further USCIS Scrutiny

865417_rejected.jpgThe USCIS has recently disclosed last month, pursuant to a Freedom of Information Act (FOIA) request, a list of specific fraud indicators it uses to verify the integrity of H1B petitions in order to identify the likelihood of fraud. Once a petition has been flagged by the indicators, this will trigger further scrutiny, and the USCIS will refer the petition to the Center Fraud Detection Operations (CFDO). These indicators include:

  • The Company declares that it has less than 25 employees
  • The Company has less than $10 million in gross annual income
  • Less than 10 years elapsed since the Company was established
  • There is fraudulent information present in connection with the petitioner or beneficiary and/or forged documents
  • The petitioning business is nonexistent
  • Inconsistent or questionable Evidence about the proposed job duties and/or the qualifications of the beneficiary to carry out those duties
  • Multiple H1B petitions filed by the Company at a rate of more than 10 times the number of employees it had the previous year
  • No end client is shown in consultant or staffing agency contracts when such contracts are provided
  • The employer has not been paying the claimed wage
  • Employer is an IT consulting Company without a website
  • Supporting documents appear to have been altered, counterfeited, or contain boilerplate language
  • The petitioner, the notary, and the form preparer are all the same person with the same listed address, but there is a different address listed for the actual work location
  • The location of the place of employment in different than that which is listed on the labor condition application (LCA) form
  • Any photographs of the petitioner’s premises appear to have been forged or changed
  • The petitioner’s address is zoned as residential instead of commercial
  • The job duties listed in the petition do not match the LCA code
  • Several of the petitioner’s submissions have the same mistakes and appear to have been made by a preparer, but there is no G-28 form and no legal representation

Having a single indicator does not necessarily mean a petition will be flagged for scrutiny.