![]() Normally, H‑1B workers are not eligible to extend or change their status if they have lost or failed to maintain their H-1B status. We may consider this situation to be an instance of ‘‘extraordinary circumstances’’ as defined by sections 214.1(c)(4) and 248.1(b) of Title 8, Code of Federal Regulations. lost or failed to maintain their H-1B status,.indicates that they faced retaliatory action from their employer because they reported an LCA violation, and.applies to extend their H-1B status or change their nonimmigrant status,.If an H-1B worker reports suspected fraud or abuse, immigration law may provide certain protections to these workers. Protections for H-1B Workers Who Report Suspected Fraud or Abuse The H-1B worker is not working in the intended location as certified on the LCA.workers in similar positions in the same company. The H-1B worker has less experience than U.S.The H-1B worker is not performing the duties specified in the H-1B petition, including when the duties are at a higher level than the position description.There is a wage disparity between H-1B workers and other workers performing the same or similar duties, particularly to the detriment of U.S.The H-1B worker is not or will not be paid the wage certified on the Labor Condition Application (LCA).H-1B Fraud and Abuse IndicatorsĮxamples of H-1B fraud indicators may include: Reporting Suspected H-1B Fraud or AbuseĪnyone (including American workers and H-1B workers who suspect they or others may be the victim of H-1B fraud or abuse) can send us tips, alleged violations, and other relevant information about potential fraud or abuse using our online tip form. These efforts will help assist in the prosecution of program violators and ensure that American workers are not overlooked or replaced in the process. USCIS continuously works to deter and detect fraud in all immigration programs and we are furthering our efforts by enhancing and increasing site visits, interviews, and investigations of petitioners who use the H-1B visa program. Protecting American workers by combating fraud in our employment-based immigration programs is a priority for USCIS. workers, decreasing wages and opportunities as they import more foreign workers. Employers who abuse the H-1B visa program may negatively affect U.S. Yet, too many American workers who are as qualified, willing, and deserving to work in these fields have been ignored or unfairly disadvantaged. companies recruit highly-skilled noncitizens when there is a shortage of qualified workers in the country.
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