USCIS H1b 4/3日新進展

Agency Creates Avenue for American Workers to Report Abuse

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. Protecting American workers by combating fraud in our employment-based immigration programs is a priority for USCIS.

USCIS今天（美國時間2017年4月3日）宣布針對H1B簽證欺詐及濫用的幾項規制措施。H1B項目理應在勞工短缺時幫助美國公司僱傭高技能的外國籍員工……下略

Beginning today, USCIS will take a more targeted approach when making site visits across the country to H-1B petitioners and the worksites of H-1B employees. USCIS will focus on:

Cases where USCIS cannot validate the employer』s basic business information through commercially available data;

• H-1B-dependent employers (those who have a high ratio of H-1B workers as compared to U.S. workers, as defined by statute); and
• Employers petitioning for H-1B workers who work off-site at another company or organization』s location.

主要規制對象包括以下三類：

1. USCIS無法通過認證僱主的基本營業信息；
2. H1B 依賴型僱主（僱員中非美國國籍人數大於美國國籍，1-25人的員工內有8人是h1b；25-50人中有13人是h1b；50+員工內有超過15%是h1b）
3. 僱主的申請中H1b員工不在公司本地上班，或者是在其他公司上班。

Targeted site visits will allow USCIS to focus resources where fraud and abuse of the H-1B program may be more likely to occur, and determine whether H-1B dependent employers are evading their obligation to make a good faith effort to recruit U.S. workers. USCIS will continue random and unannounced visits nationwide. These site visits are not meant to target nonimmigrant employees for any kind of criminal or administrative action but rather to identify employers who are abusing the system.

Employers who abuse the H-1B visa program negatively affect U.S. workers, decreasing wages and job opportunities as they import more foreign workers. To further deter and detect abuse, USCIS has established an email address which will allow individuals (including both American workers and H-1B workers who suspect they or others may be the victim of H-1B fraud or abuse) to submit tips, alleged violations and other relevant information about potential H-1B fraud or abuse. Information submitted to the email address will be used for investigations and referrals to law enforcement agencies for potential prosecution.

Existing H-1B Fraud Measures

Since 2009, USCIS has conducted random administrative site visits to ensure that employers and foreign workers are complying with requirements of the H-1B nonimmigrant classification. USCIS refers many cases of suspected fraud or abuse to U.S. Immigration and Customs Enforcement (ICE) for further investigation.

Additionally, individuals can report allegations of employer fraud or abuse by submitting Form WH-4 to the Department of Labor』s (DOL) Wage and Hour Division or by completing ICE』s HSI Tip Form.

從2009年開始，USCIS對H1b進行隨機審查。認為有濫用或者欺詐嫌疑的會遞交給ICE進行深入調查。

Further information

For more information about the new H-1B visa fraud and abuse detection initiative, visit the Combating Fraud and Abuse in the H-1B Visa Program web page.

For information about H-1B petition requirements, visit the USCIS H-1B webpage.

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