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H-1B Immigration Enforcement Fraud

The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly... more +
The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly specialized knowledge and the attainment of at least a bachelor's degree or its equivalent." Examples of specialty occupations include chemistry, mathematics, engineering, medicine, and architecture, to name a few. Individuals may not apply for H-1B visas; they are distributed only through the approval of employer petitions. In order to protect U.S. workers from unfair competition resulting from the program, the rules require that employers pay nonimmigrant workers equivalent wages to similarly-situated U.S. workers or the industry's prevailing wage. H-1B visas are subject to a yearly cap which is currently set at 85,000.   less -
Jackson Lewis P.C.

USCIS Updates Policy Manual, Expands Enforcement Rule: What the Stricter Stance Means for H-1B, Family-Based, Other Beneficiaries

Jackson Lewis P.C. on

The U.S. Citizenship and Immigration Services (USCIS) February 2025 policy memorandum and July 2025 policy manual update highlight the agency’s intensified immigration enforcement efforts. Generally, USCIS will no longer...more

Cozen O'Connor

Employers Advised to Prepare Now for Government Fraud Detection Site Visits

Cozen O'Connor on

Employers who employ H-1B, L-1, R-1 foreign nationals, or are pursuing EB-5 immigrant investor program visas should prepare for the likelihood of an unannounced site visit by the government. The USCIS Fraud Detection and...more

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