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USCIS increases "targeting" of site visits to detect H-1B fraud

  1. Original Date Announced

    April 3, 2017

    USCIS will now take a "targeted" approach when conducting site visits to investigate fraud and abuse of the H-1B program. USCIS will focus on: 1) cases where USCIS cannot validate the employer’s basic business information through commercially available data; 2) employers with a high ratio of H-1B workers compared to U.S. workers; and 3) employers petitioning for H-1B workers who work off-site at another company. [ID #467]

    Putting American Workers First: USCIS Announces Further Measures to Detect H-1B Visa Fraud and Abuse
  2. Effective Date

    April 3, 2017
  3.  
  4. Biden Administration Action: Proposed Revocation/Replacement/Modification

    October 23, 2023

    2023.10.23 Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers

    On October 23, 2023, DHS issued a notice of proposed rulemaking revising H-1B requirements, including those affecting the site visit process. The proposed rule would codify the circumstances under which USCIS has the authority to conduct a site visit and the consequences of failure to comply with a site visit, which may include denial or revocation of the petition.

    View Document

Current Status

Fully in Effect

Most Recent Action

October 23, 2023 Action: Proposed Revocation/Replacement/Modification 2023.10.23 Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers
October 23, 2023
Acted on by Biden Administration

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Agencies Affected: USCIS

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