Frustrated not getting selected in h1b lottery with good education and experience. I was angry with all the H1b holders who has fraud resume and degree.
Now there is a ray of light on the horizon.. See the see below. At lease USCIS knows what the heck is happening here.
Government study finds H-1B visa fraud
USCIS
finds 27 percent rate of fraud in the H-1B visa program, including
paying low wages, forging documents, and misrepresenting jobs
A U.S. Citizenship and Immigration Services [USCIS] study, H-1B Benefit Fraud & Compliance Assessment published in September but just coming to light this month, found a 27 percent rate of fraud in the H-1B visa program.
The study, conducted by The Office of Fraud Detection and National Security [FDNS], drew 246 cases in a random sampling of
the 96,827 "approved, denied or pending I-129 petitions"
for employment of a non-immigrant worker filed between October 1, 2005
and March 31, 2006. Employers hiring IT professionals under the H-1B
visa program must fill out an I-129 petition as well as an LCA [Labor
Condition Application].
In
order to insure that the applicants could be interviewed for the study,
the BFCA looked at those seeking to extend their existing H-1B
non-immigrant status or those who were seeking new employment as an
H-1B nonimmigrant while living in the U.S. in another non-immigrant
visa status.
The
study found two types of fraud, "willful misrepresentation,
falsification, or omission of a material fact" and a second type where
there was no willful fraud, but "there was evidence that the employer
or alien beneficiary failed to comply with applicable laws and
regulations."
However,
although some of the "technical" violations were minor infractions, the
description of some of the "technical" violations appear to be serious
breaches in the regulations.
For
example, there were instances where "the employer failed to pay the
beneficiary at least the prevailing wage for the particular occupation
in the specific geographical location as noted and attested to on the
LCA filed with the Department of Labor."
Another violation that was considered technical was the employer charging back to the petitioner the filing fees the employer
was obligated to pay, according to the regulations.
The study said this practice had the effect of "lowering the beneficiary's wages to less than the required prevailing wage."
The most blatant misrepresentation cited by the study was in a case where the H-1B visa worker "was performing duties that
were significantly different from those described on the LCA and I-129 petition."
In this particular case, an IT professional hired as a "business development analyst" was found to be "working in a Laundromat
doing laundry and maintaining washing machines."
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. may be there are.
