USCIS H1B Fraud Report Rules 2017

USCIS News : New measures to Report, Stop H1B Fraud & Abuse – Impact ?

In H1B Visa News by Saurabh105 Comments

On the day USCIS accepts H1B petitions for next fiscal year 2018, they make below official press release to report and prevent H1B fraud and abuse that work against American workers.  USCIS made few announcements today to combat fraud and abuse in the H-1B Program, below is a summary those announcements.

Summary of the New Measures to Report and Prevent Fraud by USCIS:

1. Report H1B Fraud to USCIS : Creates a dedicated email address for people to report fraud and abuse in H-1B visa program. This can be reported by anyone – American workers and H-1B workers. There was already a way to report to DOL on underpayment of wages using WH-4 form, but this new option gives an access to USCIS as well. Having this is beneficial not only to American workers who think they are being replaced with cheap labour but also to H-1B workers who think their salary is being withheld, or are being underpaid etc. I often come across questions where someone has been duped by their H-1B employer. This would be a good venue for such victims to sought some relief. The article gives good indication on how to detect fraud and what whistleblower protections H-1B visa holder has incase of reporting fraud.

2. More H1B Visa related Site Visits : Expands site visits. Earlier the site visits used to be random, but USCIS now wants it to be more focussed and result oriented. Based on the probability of fraud (H-1B dependent employer, unverified employer information, off-site employment), they would now target those H1B visa employer/workers for site visits. As long as a H-1B worker is performing duties as per the approved LCA and I-129, this should not be an issue. However, this would be an issue if there is a mismatch between submitted documents and actual job. If you think that there is a mismatch its best to get in touch with the employer and/or attorney and fix the discrepancies.

3. New Policy Memorandum for H1B Computer Related Positions : In addition to above, there was a policy memorandum released on Mar 31, 2017. It supersedes and rescinds (cancel/revoke) the previous December 22, 2000 memorandum titled “Guidance memo on H1B computer related positions”. In nutshell, this memorandum clarifies that “Computer Programmer” (especially Level 1) is not a valid specialized occupation. Not everyone would be impacted by this as lot of people file their petitions as Software Engineers. But those who use this category (especially in the case when they don’t have much prior experience, or are paid low entry level salary), this could be an issue. It would be especially bad news for those who are filing in H1B Visa FY 2018 with this job category as this does NOT give them enough time to make any changes. For those already on H-1B with this job category, impact would be felt when a new I-129 is filed – amendments, H-1 cap-exempt (transfer) and H-1 extension etc (at least that’s what I suspect).

Overall View : Pretty big announcements from USCIS and maybe a preview of how some of the loopholes will be plugged in coming months. Although I welcome these changes as they weed out the bad actors from the H1B visa program, it would have been better had USCIS made #3 change much earlier. That would have given time to employers to fix their petitions for upcoming financial year, but now they might be dead man walking (counter argument is that those petitions are being filed for candidates who don’t qualify for specialized occupation and hence giving advance notice doesn’t help). I would be surprised if AILA doesn’t file a lawsuit against #3.

FAQs:

  1. Are Computer Programmers banned?
    No, computer programmers are not banned. The memo asks the agent to closely review petitions filed with this job code.
  2. Are all Computer Programmers impacted by this?
    From the text of it, looks like H-1B visa seekers who have less than 4 years of education, or have very less education, or are being paid low salary will be impacted. However, it doesn’t stop the USCIS officers to review other “boundary-case” applicants as well.
  3. How do I know if I am impacted?
    To properly access whether you are impacted or not, one needs to look at SOC code in the LCA, your past education, experience and salary. Your attorney is the person to make this judgment.
  4. Will it impact my stamping and entry to US?
    Although the memo was issued to USCIS officers, it can be used by other government agencies to make their own determination. For example, if an impacted petition was approved before this memo was released, then consulate officer can put the case under 221g during stamping to get additional guidance from USCIS. So tread carefully and check w/ your attorney

What do you readers this about this? As always please keep the discussion polite and comment on the policy and not individuals.

References :

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Comments ( 105 )

  1. Kalyan

    things **Some** Indians do shamelessly

    – Not/never filing AR-11, but never fails to file USPS address forwarding
    – buy a tent – camp – return it on the way
    – buy a DSLR – take pics – return it – but never forgets to copy the pics from SD card
    – use company resources like anything – pen, pencil, soft drinks, printers, scanners, fax, …the list goes really long
    – dont have patience to sit at work desk for atleast 1 hour/day. (dont even think about actual work)
    – checking salary and bonus status for every other coworker
    – Thinking that all other indians except themselves are not worth to be in US
    – editing resumes like hell. anything can come in and go out depending on the job requirement
    – save as much money in taxes using desi consultant ( no comments )
    – I have my GC/Cit. let Trump do whatever he wants
    – # of years ~ proportional to salary, never bothers about work
    – will North Korea attack California ? well what is the problem US have with North Korea ? I just bought a house here !!

    Guys please add more interesting facts…

    1. Ss

      And here you are generalizing. The funny part is you are doing exactly the thing you said the so called ‘Indians’ do by saying they think they are superior than others. Aren’t you doing the same by saying you got a house and a green card, so you don’t care what happens next? How do you know if the rest of Indians care or not 😂

      Thanks for the laugh. Enjoy!

  2. cm

    Some people do misuse the system. I met this one guy [hidden] in Chicago. He is on a student visa, pursuing his MBA at IIT Chicago. After his arrival at Chicago he started looking for jobs and then started working at a restaurant name Thalia spice. I know for sure that his visa status does not allows him to work outside the campus. Even he knew it and he still went ahead and did work outside the campus and earned cash money. I emailed a complaint to DHS, ICE and his school’s DSO. Nobody took any action. They never even once questioned him. He is now working at some company and is in the process of H1B.
    USCIS is doing the right thing to stop fraud. People who abuse the system should be deported/banned. People like the one above abuse system for their gain.

  3. BREAKING NEWS!!!THE TRUTHFUL NUMBER SELF FIND OUT! Same pool as 2013!!

    Please correct me if I am wrong!
    So at https://lcr-pjr.doleta.gov/index.cfm?event=ehLCJRExternal.dspAdvCertSearch

    Please just select h1b, check 2017 fiscal year LCA, and click search (DONT ENTER COMPANY AND SELET ALL STATES), it will show only 415,805 LCA were filed so far, which is the same amount as 2013, and way lower than 2014, 2015, and 2016!!!

    I know officially we call it 2018 fiscal year h1b for now, however, this website’s “2017”‘s data is THE current one. If you don’t believe it, search some firms under 2017 h1b category, you will be able to see the exact LCA that was filled with the h1b date information indicating for this year!!!

    1. Gut Feeling !!!

      You are absolutely right. Your analysis is accurate. I took some time to review your findings and they all are exactly as you mentioned. This is why I like this website, it has a unique mix of people with vagaries of skill-set.

      Now lets keep our fingers crossed and hope for the best. It feels, I am having a gut feeling that there might be lottery with finally 1,20,000 -1,40,000 LCA applications finally filed & reaching the USCIS by today EOD !!!

      1. Peace Guys

        your predictions must be true. I believe in similar lines. cause lot of negative wave all around stopping people to apply for H1B this year. From next year it will be merit based, may be.

    2. Last Genuine Attempt_Hopeful

      Very valid info. I tried to put the Indian companies that are top sponsors for H1B (Infosys, Tata Consultancy, etc.,) in employer name and compared for FY 2017 and 2016 there is a significant reduction in the number of applications. So, hopefully we are looking for a 100K petitions unlike 233K petitions filed last year.

      1. Peace Guys

        yeah, in that 100K, some fall under cap-exempt, so the cap guys number may come down to 70K to 90K max, so everybody this year must get H1B, those who applied this year from across the world will get one. all the best guys. keep up good work

    3. Stnly

      Hey this looks like good news but don’t forget FY2017 hasn’t ended yet. The LCA numbers here are only for the LCA filed in the previous two quarters. Actual numbers will be more as time goes.

  4. Anirudh

    Referring to the below statement in this article, do we have a specific range for salary to call it “Paid Low” ? How do we judge from LCA that the Salary Paid is low or Categorized as paid low entry level salary?
    ———–
    Not everyone would be impacted by this as lot of people file their petitions as Software Engineers. But those who use this category (especially in the case when they don’t have much prior experience, or are paid low entry level salary), this could be an issue
    ————-

    1. administrator
      Saurabh

      Anirudh,

      It is not known as it would depend upon the location as well. For example, XX salary would be a good salary in ND, but would be a very low salary in California. In addition, salary is always set based on prevailing wages for that job in that location. So if the prevailing wage is YY salary, then anything too close to that number maybe deemed as low (legal but still low). This is just my theory as USCIS hasn’t been very open about it and we don’t have enough data points.

  5. Pavan

    Hi Saurabh,
    I have an approved i140, and I’m in the #3 category in your article. Do you know if my GC will have any impact with this, say if we file an amendment with a category that is not affected?

    Your help is greatly appreciated.

    Thanks,
    Pavan

  6. Fingers Crossed

    I am going for Stamping on 10th April….
    Do i need to worry about the new guidelines that USCIS release currently ?
    Please Advise.
    P.S : My role is Software QA Engineer in Petition.

  7. Genuine Application

    @Saurabh my wage is 65K the prevailing wage is 55K in the LCA and my job code is SOC : -15-1131, wage level 1 ,with 4 years of experience and BE (EEE) fulltime…
    How would it impact me ? As my employer told the position I am applying is intermediate

  8. WITCH Hunt

    H1b visa introduced by USA for Gud purpose, Encouraging talented among all countries from the world.

    It’s not just for India alone or Infosys. Fair chance should be given to All, Equal opportunity to everyone.

    But companies like infosys, cap Gemini, TCS exploiting the Current Immigration system.

    It’s kind of fraud and visa Abuse.

    Sending thousands of Programmers and leaving no chance to the guys who studied in US & working in Silicon start up’s.

    Indian IT Companies namely INFOSYS, TCS, WIPRO, Cap Gemini, CTS are looting World wide H1bVisas ; Earning huge profits Quarterly basis on those sent Body Shoppers.

    1. Peace Guys

      Every country has it’s strengths, china produces most of electronics, does it mean its abusing and fraud in manufacturing? NO.
      Likewise, India has surplus amount of educated people, (some view it as unemployment ). India has more graduates and less jobs, so the one who feel to go out, are going out, it’s good that they are reducing competition locally. With rate the people are going out, we still have surplus, no sufficient jobs for Indians. This not the case in US or many other countries.
      Now, Indians are everywhere in all countries, not just to US. Even if it’s not Indians, some other country people take that 85k H1Bs. Do you think, Indians should stop applying for h1bs so that the number come down to 50k h1bs? No, some other country like Israel, pak, china will get those h1bs. If some community is more some where does not mean they are leaving their home for money, no body want to leave home just for the sake of US. Don’t fight like kids blaming some countries. No individual can stop the trend. US has less native Americans, more immigrants. It’s welcoming sign for any country. It’s not beggars who is going to US, it’s educated individuals, who work every day there. More worker, more work done, more jobs created.
      It’s good that we have sufficient number of Indians in US now, so we feel US too local to us, that’s good enough.
      We should not feel jealous about who go out, let them go.
      Indians are the ones who is doing more MS in US, not just that, Indians are only for US H1Bs. Take Canada, AUS, NZ.

      1. STOP PROTECTIONISM

        Americans should try to gain more expertise in their technical skills, its a global world and hence be ready to beat the competition on your own guts!!!

        US cos are the ones who are making most profit from the countries like INDIA ,China etc. if they stop inviting them it’s only the US economy will suffer most. like what we have seen in the recent past !

        1. Peace Guys

          yes, every country and its citizens are patriotic, only if some one looses job and other country (low in gdp ranking) citizens are working in similar jobs, we get a bit frustrating. if we see Nigerians in India, we may get angry. its natural. We should behave nicely to people when you are in a developed country from developing country. We should behave such a way that they love to welcome us, its like how we should behave in our relatives house. we should always respect them, if they are hating Indians means its everybody’s responsibility to regain it, US is a nice country and helping/ saving many nations, welcoming everyone.
          and
          Indian’s are not the top immigrants to US. US has around 4.5 crore immigrants, out of which Indians are just 20 lakh. its 2.5% of immigrants. and .5% of entire US population. its as much as Philippines who have just 10% of Indian population. actually US holds 6 times more Mexicans and next big immigrants from china. most of the Indians are educated and legal immigrants, with which US has no problem at all, in fact indians are doing a better job. US govt. is actually welcoming legal immigrants with a merit. only we Indians fighting with jealous with fellow Indians. we should behave with ourselves properly, that solves the problem, we doing the rant everywhere. lets act unitedly bros. dont spoil our image first, if we lose respect/ unity we are not going to survive anywhere. Whatever case, When we are in Rome, behave like roman. When you are in US, respect them, that gain respect.

  9. #STOP THE ABUSE

    [email protected]

    Please report all body shop consultancies to the USCIS and let the culprits who abuse the system be punished by the law. These people have crossed all their limits and ethics in doing so. They file visas for their relatives, friends and what not take money from them and let them stay at their houses until they find a job. This future job employment offer is a myth. These people have no ethics and principles. Fake resume, Fake experience, Fake personality begging others to help them do their job because they show fake experience. This should end. I hope USCIS tracks down these body shop consultancies who support these activities. I am sure each of you know at least one such body shop so please please report them. This is for the future of other good people who deserve a fair chance.

    1. Whistle Blower

      yea i found one body shopper – Auropro Systems Inc.

      http://www.auropro.com/ap/apc/index.php

      They charge money for H1

      1. se JOSHY

        There is exploitation of visas, Companies want cheap labor, so they want more supply to reduce demand and suppress wages, Most of the Information Technology jobs are given to contracting consulting Companies by the corporates because they want to reduce cost and risk, These consulting companies take upto 30% margin and give some of the contracting jobs to sub-vendors, and most of their employees they import from India, most of the employees of Indian based consulting companies like wipro, Infosys, HCL, TCS, Cognizant give only average salary of 65,000 while American working for the same job they have to pay double, on top of that to get residential status Indian employees willing to work overtime whereas most Americans stick to 8 hour job, as a senior software engineer and an American citizen I find it very difficult to get a full time job, there are a lot of contracting jobs available with less pay.

        Since most beginner level Information Technology jobs are sent to offshore, Companies require 8+ years experience in most jobs with salary around 80k, most Americans quit looking for software jobs and work somewhere else, America shouldn’t surrender to the corporate interests but need to look for the well being of its citizens. When 60% of Americans have family income less than 50,000/year, it is absurd to let corporates abuse visa. I saw one lady saying immigrants created lot of jobs, that is true but H1b has dual intend but they can’t be entrepreneurs, their visa is employer dependent visa, so please stop confusing people to take away American jobs.

        My take is to stop abuse,all companies should post their Software/Information Technology jobs in a centralized government website, all Americans and legal immigrants should be allowed to apply, Government should monitor if Companies are falsely advertising just to cheat Uscis, then rest of the Information Technology jobs that they can’t find Natives should be given for bidding for H1b, bidding salary of H1b should be more than the maximum salary of an American doing the same job in same location, Companies that bids for more salary should get H1b, say example many Indian companies are master cheaters, theyll make secret agreement with their employees that we will pay you more salary but you have to give us back this amount every month, so those abusing companies shouldn’t be allowed to do business in Usa again

    2. Systemic visa fraud and abuse of immigration processes by INFOSYS

      H1b visa introduced by USA for Gud purpose, Encouraging talented among all countries from the world.

      It’s not just for India alone or Infosys. Fair chance should be given to All, Equal opportunity to everyone.

      But companies like infosys, cap Gemini, TCS exploiting the Current Immigration system.

      It’s kind of fraud and visa Abuse.

      Sending thousands of Programmers and leaving no chance to the guys who studied in US & working in Silicon start up’s.

  10. H1B extension

    Hi Saurabh,

    I have applied for extension , below is my case
    1) SOC : -15-1131
    2) 7 years exp ( 2+ at onshore)
    3) Full time degree
    4) wage level – II

    Any idea how much i will be impacted due to the recent memo ?

  11. Scared

    @Saurabh My Employer has filed me as Computer Programmer with 65K salary.. My experience is 5 yrs. Also I have Bachelors degree with 4 years full time ..Will that have any impact ?

    1. administrator
      Saurabh

      Scared,

      Your attorney is in a better position to gauge the impact. But if it the LCA SOC code is not 15-1131, you should not be impacted. In addition, you have good experience and 4 years of Bachelors.

  12. DHS Official

    We are placing this blog and it’s commenters on our current surveillance list.

    After going through the posts it is becoming quite clear how other nationals here are abusing the program and giving malpractice suggestions to others.

    All this data will be recorded and immediate steps will be taken.

    1. Office of Cyber Crimes Unit

      @DHSOfficial – You are impersonating a government official and we will be summoning RedBus to track your ip address. This kind of behavior is unacceptable and you will face the consequences.

      This is a blog and commentators are free to express their opinions without fearing persecution.

    2. Systemic visa fraud and abuse of immigration processes by INFOSYS

      H1b visa introduced by USA for Gud purpose, Encouraging talented among all countries from the world.

      It’s not just for India alone or Infosys. Fair chance should be given to All, Equal opportunity to everyone.

      But companies like infosys, cap Gemini, TCS exploiting the Current Immigration system.

      It’s kind of fraud and visa Abuse.

      Sending thousands of Programmers and leaving no chance to the guys who studied in US & working in Silicon start up’s.

  13. Hopeful

    @ Saurabh
    My Employer has filed me with Computer Programmer Occupation with Level II wage .Will this have any problem under the new memorandum ?

  14. H1bPredictionRi8

    @saurabh
    https://thewisegrad.com/h-1b-visas..
    Please don’t spread unnecessary rumours . I think nothing will be done

      1. H1bPredictionRi8

        Saurabh … this memorandum is for people who have lower degrees or lesser experience.. But I see media,Even your above post giving wrong information like computer programmers are banned .. Can you please explain the conditions in depth ?

        1. administrator
          Saurabh

          H1bPredictionRi8,

          I am quoting from the article “In nutshell, this memorandum clarifies that “Computer Programmer” (especially Level 1) is not a valid specialized occupation. Not everyone would be impacted by this as lot of people file their petitions as Software Engineers. But those who use this category (especially in the case when they don’t have much prior experience, or are paid low entry level salary), this could be an issue.

          I have called our Level 1, not much prior experience and low entry level salary. I didn’t use a broad brush to dismiss all Computer Programmers.

          What part of the article made you feel that all computer programmers are banned in general?

        2. administrator
          Saurabh

          H1bPredictionRi8,

          Also I never used the word “banned” like you said I did. Instead I said they will be closely scrutinized.

        3. #STOP THE ABUSE

          @H1BPredictionRi8 – Read, clear your facts and then react. This info is available on USCIS website too. The person who is writing the blog knows what he is doing and definitely more than any of us.

      2. Hello

        http://myemail.constantcontact.com/Immigration-Alert–USCIS-Policy-Memorandum-Imposes-Restrictions-on-H-1Bs-for-Computer-Programmers.html?soid=1123831197313&aid=PgIGhlgHuNw

        1. imcool24

          This will have little impact as per NASSCOM. Read this.

          http://www.thehindu.com/business/Industry/h-1b-visa-norms-to-have-little-impact-nasscom/article17815435.ece

  15. Ankala

    Lets be honest and clear. Lets understand the new immigration policy. It no no for ordinary computer programmers with a bachelors degree from India. So how do we still succeed in pushing our talented software engineers to the US to earn megabucks. The only way out is to or the best advice to all those young talented engineers is that: “Go do a US Professional Masters Degree in an accredited US university, specialise in courses like artificial intelligence, cyber security, big data etc, get 3 years experience in a related job in the US itself under the 3 year OPT (optional practical training), then find an employer to petition for you under the so called specialised categories to make the US immigration accept your HIB petition. And this is the only best possible method – take a bank loan of Rs 20 lakhs, write your GRE and TOEFL and apply to the Professional Masters Programs having a 3 year OPT work. So there you are- young talented software engineers with bachelors degree from ordinary universities in India – take my suggestion, don’t relax in India, rather go and work hard and earn mega dollars in the US. Come back to India after 10 years if you do not get a Permanent Visa or a Green Card – at least you would have earned a good Masters degree, good specialisation, good experience, good income, good lifestyle, good networking, good relationships and a good bank balance. Best of Luck to all those young people who would like to succeed in life.

  16. Real Information,

    Real Information,

    Guys this is very reliable information from trusted sources (LCA WEBSITE)

    Total LCA’s Filed for FY-2018 = 6,00,000 +
    Total H1B Visa Application’s (Prediction) = 5,50,000 + ( Approximately )

    This year USICS will officially announce the figure’s very soon ( MAY), Total H1B’s Filed by each company, H1B’s picked from each company, TotaL Approved, Total Rejected and also they will go for site visits and if found fishy they will announce the company Details who has done fraudulent activity’s publicly.

    H1B system is totally messed up, probably by next year they will remove H1B and L1B Visa’s and come up with something new very only Genuine Cases gets VISA

    It will be even tough for F1 students to convert to H1B from next Year

      1. Real Information,

        @H1-3

        You will understand once USICS Officially announce the figure in couple of weeks

        Total LCA’s filed are 2,20,000+ and each company can file single LCA for more than 150 Positions, based on all data against each LCA i have given the figures. i have done this research just for info purpose if you don’t believe I have nothing to lose , wait for official conformation

    1. Ravi

      i welcome all the changes made by USCIS, lot of loophole we are screwing up in fact already screwed up , good decision now it make total sense and #3points that released would have been little bit in advance but still some decisions need to be taken on fly . So i think we could see some transparency in the system . I support the steps taken !!

  17. Realist

    The status quo has changed. One should think twice about coming to USA for further studies, spending hundreds of thousands without chance of job sponsorship is a distinct reality for the foreseeable future.

    1. #STOP THE ABUSE

      @Realist – let me add something to make more sense. Don’t think twice to come to the USA for higher studies because it is important for your personal and professional growth and also important for your country’s growth. Instead think twice before doing the wrong thing. Think twice before approaching a fake consultancy to file a visa. Think twice before adding fake experience to your resume. Think twice before abusing the system and most importantly doing unethical things and ruining the chances of other people who do the right thing. Remember failure to report a FRAUD is FRAUD itself so REPORT.

      [email protected]

  18. DD

    Hi Saurabh,

    Lets say, A person is holding valid H1B stamped visa(Selected in 2015 H1B lottery) but due to some reason that person could not traveled and his/her visa got expired last year(Oct 2016). Now company again filled an amendment with extension (As earlier it was for another location) in PP (USCIS acknowledged the case on 29th march).

    Does this latest news about H1B is going to affect those candidates as well?

  19. NonTelugu

    How does this affect F1 STEM majors in the US from this year onwards ?
    Ideally they should have always been prioritized and now that non American degrees don’t hold the same value, what can we expect ?

    1. Pure Telugu

      @NonTelugu ,

      Don’t act Smart By nameing yourself as Non-Telugu , why should you guys (MS in US ) be Prioritized just for earning some fake Master’s Degree from a Non-Accredated University and crying here as if you guys studied in Stanford university , pack your bags and go to india as no Desi Consultancy will file your H1B without Project , even if you get H1B Picked you cannot manage with fake resumes anymore as there will be high scrutiny from here on

    2. NonTelugu

      ***** not everyone comes here to fake colleges like your people do.

      Some have even done their bachelors here unlike low life colleges in India where you bribe your peon and get a degree. (Bachelors in Pharmacy and Masters In IT from fake colleges like Harrisburg.

      Go there in the campus and all you see are telugus swarming like an infestation. It’s a shame and a sham.)

      Ps. I don’t need to act smart. It’s your dumb sense of comprehension which makes me smarter.

      1. Great Indian

        So you are selling us that you Did your bachelors in USA and now struggling to get your h1b Visa because of other state people applying with their poor college degrees.

        Dont worry on who get their h1b.Invest your time on getting a job with your fake resume and your brilliant mind and cooperate your employer by attending vendor calls.Else some one who did bachelors from poor colleges get the job.

      2. Puretelugu

        @Non-Telugu

        If you are so genuine and smart, please publish your educational qualification , Your visa status, your employer details

        1. NonTelugu

          GTFO for even attempting to ask something like this. What makes you think anyone here will do it ?

          Once again you have shown how brilliant you guys are.

          Do me a favor and read the big comment below by someone much sensible unlike you.

      3. Another Telugu

        I don’t normally vent my frustration on on public forums but it is INDEED Telugus who ruined Indian reputation in the US IT sector. I am a Telugu (the one who migrated here when I was 15 years old). I fail to identify myself as Telugu coz the first thing I’m told is “thank god you’re not from HYD” after “Americans” (who’ve dealt with Indians before) learn I’m not a Telugu. Yeah I like playing games.

        Why would you stereotype a question asked by someone who’d done masters “not crediting” the fact that he/she indeed came here to do Masters and not choose a bodyshopper Visa? For that reason they should be IMO considered US graduate and given a priority. I did my masters from Columbia and DO NOT credit someone who did Masters from an Indian university equal because I’ve know many of my dads friends who migrated to USA on “bodyShopping” visas. While the attributes from an Indian and American student is arguable I’ve had my experience with Telugus (my own kind) and let me tell you I’m the least judgmental person you’d meet though I know you aint gonna trust my words on a forum like this.

        My experience of dealing with Telugus is EXACTLY what one can comprehend is driving “Trump supporters”. We want a universe of your OWN – Dont care about Indians as a whole, dont wanna interact with local communities, dont wanna involve with whites/other races – we form a Telugu association on the basis of linguistic affiliation and cultural similarities. Once that task is completed, we try and bring in more of “our” people hacking into the realm of our existence ignoring all others while taking advantage of a system someone else has put in for us- Yes we love America but force our kids to follow OUR ways. My parents tried it for a while but gave up “after” I told them I’d break my ties with them if they DONT STOP. Hearing that from a 19 year old girl freaked them out. We bring in career politicians – products of “Nepotism” for our events, the kind who made India unbearable for everyone and form Political parties in the USA to funnel money and resources back to India. We know how to fight for our rights (Yes, I credit Telugus for that) but could care less what other Indians think or do.

        We need to interact and put personal prejudices aside and look at the bigger picture “IF” we wanna live the American dream – we represent a country and not ONE (or two) states in India. If you dont agree with me – just ask yourself what “Trump” supporters want. They follow your exact same ideology – they want this country for their people and that kind of sentiments will ruin the American experience for all Indian’s. So PLEASE – if you wanna hail our great Telugu culture (which I indeed think is great), just go back to India and use your American experience to bring in a positive change – DONT try to build another Telangana here.

        What I’ve said – you can either take it positive or go on a rampage trying to justify your acts. It took me a while to comprehend our actions but now that our people are being targeted by extremists, its time we bring in another ideology and join hands with “Indians”. Indians need to learn the history of this country.

        PS: Could we also agree that we wont converse in our language when there is a gathering ignoring others around us? It’s very disrespectful and I learnt it the hard way.

        1. NonTelugu

          Finally someone sensible here. (PS: I did my BE in NY and MS as well)

          You have no idea how embarrassing it is when I am with my american colleagues/peers and all these telugus in the “DAILY SCRUM” meeting try to talk to each other in your own language.

          I mean seriously !!! are you kidding me ! Do you NOT have any courtesy at all ?

          Then again these are the same people who came from India a few years ago desperately feeling the urge to buy an iPhone (one told me because in Andhra its a status symbol….I almost puked) and thinking that they are the ones who OWN this country. Will form these stupid telugu groups and will racially profile others.

          I have faced the similar situation where one time I went to a restaurant and the waiter asked me

          W: Are you from India ?
          M: Umm yeah…
          W: Well I hope you arent one of those andhra pradesh people.
          M:Oh god no…why what happened ?
          W: Well we just had a group here who made a mess, got the orders changed a million times and did not tip. Is everyone always so cheap…..
          .
          .
          .
          .

          .

          Feel proud yet ? (This conversation has totally gone off course which is why I will ask my main question again) And FYI yes…this is totally unfair that after spending 60K USD and working my ass of during my studies..some noob in India from TCS or whatever gets a job. Do I think I am better than him and he does not deserve it. TOTALLY !!!

          Anyway…what does this mean for foreign students who have a bachelors and a masters from well accredited and reputed colleges ?

  20. DD

    Hi Saurabh,

    Lets say, A person is holding valid H1B stamped visa(Selected in 2015 H1B lottery) but due to some reason that person could not traveled and his/her visa got expired last year(Oct 2016). Now company again filled an amendment with extension (As earlier it was for another location) in PP (USCIS acknowledged the case on 29th march).

    Does this latest news about H1B is going to affect those candidates as well?

        1. #STOP THE ABUSE

          Let me elaborate – You abused the system by taking a visa from a body shop and sitting at home for 1 year. You will be reported.

  21. H1B Aspirant 2018

    Hi Saurabh,

    Can the following happen (as read in some web site….)????

    “The new order could be challenged in court by lawyers who will argue their clients were not given enough time to prepare. The order came on March 31, just days before the opening of 2018 petitions”

    1. administrator
      Saurabh

      H1B Aspirant 2018,

      Yes, this is very much possible. I would be surprised if AILA doesn’t file a lawsuit against it. Whether that holds up in the court or not, is a different ball game.

  22. H1Question

    @Saurabh
    1. Does it affects candidates filing multiple petitions also from different employers?
    2. How much do you think will it impact the total count ?

    1. administrator
      Saurabh

      H1Question,

      1. Yes, it does. If multiple petitions are filed, then each individual selected petition would be subject to this.
      2. No idea. My guess is as good as yours.

  23. H1-Process

    Hello Saurabh,

    I guess it won’t be surprising if USCIS rejects all Computer Programers as per LCA in the H1B application before the lottery. This would give AILA little reasons to file a lawsuit.

    The interesting thing to note is that USCIS/DHS/Trump Administration is using the H1B loopholes to fix the loopholes, they did a smart move to freeze the premium process as no client would wait for 4+ months for a new resource to come onboard, so only genuine highly skilled resources would survive. I would expect more such smart moves in coming months.

    1. administrator
      Saurabh

      H1-Process,

      Freezing of PP would also impact F-1 students who will be on cap-gap. In previous years, they could upgrade to PP so that they are on H-1 from Oct 1. Unless USCIS prioritizes selected PP petitions first and adjudicates them by Oct, they would have to stop working from Oct 1.

  24. Shanka Velli

    At what stage will this proposed site visit and detailed scrutiny be done to check the misuse of H1B? Is it after the name is picked in lottery or will the applications itself be scrutinized before accepting it for lottery?

    1. administrator
      Saurabh

      Shanka Velli,

      The worker hasn’t been placed at the client site until H-1 is approved. So the site visits may happen after the approval process. However, they may still contact the client (in-person or otherwise) to make sure that the arrangement is not a sham (they still contact the client in some cases, but I suspect this to become more common now).

      1. Shankar Velli

        So this will only, at best, check people who have got H1B using false means. This process will not decrease the number of petitions immediately. Over a period of time it may help in decreasing the number of petitions and thus increasing the chances of genuine talented people.

        1. administrator
          Saurabh

          Shankar Velli,

          They already do checks w/ the client while processing the petition. I suspect it to increase and may result in more RFEs (and possibly denials).

          It will have a larger impact in the long term as sham companies are discouraged from applying for H-1.

  25. Rakesh

    No offense people but most of the ‘South’ Indians recent rush caused the USCIS to push new reforms on H1B.
    Zero experience candidates putting up fake experience, proxy interviews, paying Indian workers to complete their assigned tasks over night etc.. fraud at its maximum.
    They messed up engineering in India by setting up so many colleges ~ 40% percent Indian colleges are around Hyderabad with dumb course work. Now they messed up H1B in USA. Next will be Canadian PR system…so on.

  26. Ramsay

    This is going to be my 4th and the last attempt and I am overwhelmingly delighted on knowing this. All desi consultancies who fake resume should face the music. Also, few days ago I reported three candidates in my company to my manager who had bloated their credentials. They were immediately fired. I felt so much joy on doing that. At least I raised the probability for three genuine candidates to make through the lottery.

    1. Karma

      I pity you dude. I am not one of the people who bloated the creds, but I do know people who did that and are now successful. You do know, the software or any career is a learning process. Even if they bloat creds, they work hard, at least some do. You do know you destroyed their life right. You ruined their chance in their life. They will curse you their entire life and you know, Karma is a bitch. What goes around, comes around. If they do something stupid because you destroyed their life, you are to blame. Its not your place to report them. I never reported them, even deep down I knew something is off with one of my colleague. But he is at least learning and doing the task he’s asked for. Sorry to say, but, Karma is coming for you

      1. Biker

        I pity you Karma if you can’t stand up for the right thing.
        I had reported two candidates who bloated their credentials allowing my company to hire two genuine programmers with real credentials.
        It was my last attempt that year and I got my visa. Karma came back to me as I helped hardworking genuine people by reporting fraud.

      2. Nav

        As you said “what goes around, comes around,” they faked their creds, being fired was their karma. Remember, what happens today is the result of what you did yesterday and will be the reason for what will happen tomorrow.

        You see a person wants to kill another person, all you do is watching, and doing nothing to save an innocent life? Heck no. The same thing applies here, those 3 unqualified persons got their lessons so that they don’t try to fool another employer again.

  27. Follow Up News Guy

    This also rise another question to me: since they will be more strict on the petitioners’ credentials, that means they will at least open those envelopes up after those cases were picked and reviewed. Does this mean it won’t impact the lottery at all? To me it seems we should only be worried when we win the lottery… I guess most of our pressure are coming from the 1st step, the Lottery… Do you think they might open all cases, eliminate the unqualified ones? Or draw the 1st pool, reject the unqualified ones, and then draw another one?

    Lottery, lottery, lottery…. T_T

    1. administrator
      Saurabh

      [Cross posting from the other article]

      Follow Up News Guy,

      In previous year all petitions were subject to lottery even though they included incomplete information (like missing I-129, incorrect start date etc). If I extrapolate that data, then they should subject all petitions to a true random selection and then review each petition on its merit and pick-up from the pool of waitlisted petitions to make-up for the denied ones.

      However, whether this trend line holds true or not still needs to be seen.

      1. Vishal

        Cancellation of premium processing, no mention of lottery in the USCIS notice indicate that petitions will be reviewed before lottery. Logically also that’s what makes sense.

  28. PartyoverofH4visa

    The Department of Homeland Security intends to review and reconsider a regulation that permits certain spouses of H-1B workers to apply for employment authorization documents (EADs), the agency disclosed in a court filing today. Though the H-4 EAD program remains in place for now, DHS could elect to restrict or terminate it in the future.

    Under current rules, H-4 nonimmigrants are eligible to apply for employment authorization if their H-1B spouse (1) has an approved Form I-140 immigrant worker petition; or (2) has received a one-year extension of H-1B status beyond their sixth year based on a filed I-140 or labor certification. The H-4 EAD program was established by the Obama Administration in 2015.

  29. Kalyan Reddy

    [email protected]

    Hi guys, If you know anyone who is fraudulent in your respective companies please report their information to [email protected]

    – faking resumes
    – evading taxes
    – faking interviews
    – faking degree
    – inflated or fabricated educational and employment qualifications
    – misusing cpt
    – h1b visa scam/fraud or whatsoever etc…)
    – never been outside US for looooong time worrying of stamping issues

    please report their information to [email protected]
    – full name
    – social profiles like Facebook, twitter, linkedin etc
    – Short description about how did they cheat

    This Email address is fetched from USCIS home page (article published on April 3rd)
    https://www.uscis.gov/news/news-releases/putting-american-workers-first-uscis-announces-further-measures-detect-h-1b-visa-fraud-and-abuse

    1. Whistle Blower

      You all should thank me.

      I worked as an HR for a big MNC, not anymore. i know everything about h1b and its loopholes. These big MNCs are very good at taking advantage of those.

      Finally, i became a whistle blower(it feels good) and reported how MNC’s are rigging the game

      I used ICE site in case anyone wants different way to report.

      I request all HRs to come forward and reveal their companies dirty laundry

    2. Bharath

      why “never been outside US for looooong time worrying of stamping issues” this needs to be reported? can you explain?

      1. Kalyan

        You know the answer buddy. If someone is clean, why the hell they are worried about appearing before a consular officer. Enough man !! there is nothing called “minor rapist/thief is better than major sex offender/looter”. A thief is a f_k_g thief.

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