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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
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  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
  5. Biden Administration Action: Modified

    December 18, 2024

    2024.12.18 DHS Final Rule Modernizing H-1B

    This Biden administration policy modifies the Trump-era policy identified in this entry.

    On December 18, 2024, DHS announced its final rule on Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers. The new rule codifies DHS' authority to conduct site visits and clarifies that refusal to comply with site visits may result in the denial or revocation of a petition.

    The final rule is effective January 17, 2025.

    View Document

Current Status

Fully in Effect

Most Recent Action

December 18, 2024 Action: Modified 2024.12.18 DHS Final Rule Modernizing H-1B
October 23, 2023
Acted on by Biden Administration
December 18, 2024
Acted on by Biden Administration

Original Trump Policy Status

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

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To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com