Due to a new requirement by at least one U.S. consulate in India, H-1B employees now face a new risk of a permanent bar from the United States for unlawful actions by their H-1B employers.
The U.S. Consulate in Hyderabad, as shown in a document obtained by AILA, is now requiring H-1B employees who will be working [...]

The H-1B employees who were originally indicted as co-conspirators in connection with Vision Systems work visa fraud scheme have either plead guilty to reduced charges or had charges dismissed last year.  Apparently, these results were in exchange for the H-1B workers cooperating with the investigation and prosecution of their employer.
Most of those who plead guilty did so [...]

Tags: Benched H-1B, H-1B Fraud, Human trafficking, RICO, trafficking

H-1B and other employers who run work visa scams have more to fear than just the Department of Labor for their violations. These employers increasingly are facing criminal convictions and imprisonment on charges typically used against organized crime and trafficking rings, such as the Mafia.
In the past several months, federal prosecutors have publicized several cases against employers [...]

Tags: H-1B Fraud, RICO, trafficking

Image by iBrow via Flickr

If you are an H-1B worker who has been benched for months and months, despite your best efforts to find a project, you may find yourself  communicating less and less with your H-1B employer.  Maybe you’ve even stopped contact altogether.
Please know you should not reduce communications with your H-1B employer.
You should [...]

Tags: Benched H-1B, Benching, H-1, H-1B, H-1B Availability for Work, H-1B Contacts With Employer, H-1B Employee Rights, H-1B Legal Rights, H-1B Rights, H-1B Wages, H1B

USCIS has released more details about its new fraud detection program marked by surprise site visits, according to AILA. During DHS’ recent program on employment-based visa fraud, the Fraud Detection and National Security (FDNS) office, explained the three types of site visits it is conducting:
1. Risk Assessment Program fraud study. These visits involve any type [...]

Tags: FDNS, H-1B Fraud, H-1B site visit

Image via Wikipedia

Does your H-1B employer make illegal demands (e.g. demand that you pay them $3,000, or else they’ll fire you and cancel your visa), and make such illegal demands over the phone or in person, as opposed to in email/writing?
When H-1B employers make fraudulent requests, they often make the requests over the phone or [...]

Tags: H-1B Wiretapping, Recording H-1B Employer's Illegal Information, Recording-Wiretapping Laws

H-1B employers who engage in financial shenanigans with their employees’ wages have more potential problems than just DOL or USCIS investigations. They are now under heightened scrutiny by the IRS.
The Large and Mid-Size Business Division of the IRS recently announced it is prioritizing audits of tax withholding agents related to payment of wages to non-resident [...]

Tags: H-1B Fraud, H-1B Pay

Given the poor shape of the U.S. economy, fraudulent H-1B employers are likely to adopt new tricks, or to increase the use of old ones, with benched H-1B workers.
If you have been benched, your employer may approach you and ask you to sign a document that falsely states that you took voluntary leave (e.g. vacation [...]

Tags: Benching, Documentation H-1B, False Leave Forms H-1B, False Vacation Forms H-1B, falsification, H-1B Benching, H-1B Employee Rights, H-1B Legal Rights, H-1B unlawful requests, H-1B Wages

While the recent H-1B and green card fraud bust has been applauded for focusing attention on abusive and exploitative H-1B employers and “bodyshops,” short shrift has been given to the fact that several H-1B employees were also indicted for their alleged participation in the scheme.
Of the 11 people arrested last week, eight were employees. The [...]