USCIS internal H-1B fraud referral sheet
I am currently working on a H-1B petition for an accountant in a northern California accounting firm. I was therefore interested when I saw an article about H-1B fraud posted on AILA's (American Immigration Lawyer's Association) website. While the website is open to the public, there is a special area for members only and this is where I saw the article.
Basically an AILA member did a Freedom of Information Act ("FOIA") request and accidentally received the attached USCIS internal H-1B referral sheet. The sheet indicates areas which, if seen in a H-1B petition, United States Citizenship and Immigration Services ("USCIS") may think that the petition is fraudulent. For instance, one of the possible markers for fraud, in the eyes of the USCIS, is a petition for a position as an accountant. Another marker is if the size of the company. If the company has less than 25 employees, it apparently looks fraudulent to the USCIS. Both of these markers appear in my case.
It appears that the adjudicator, upon seeing possible indications of fraud, would complete this form and then send the case on for investigation.
This form contains useful information because it tells us how USCIS thinks. I cannot change the facts in my case but at least I know what the concerns of USCIS are and can prepare for them.
