Benefit Fraud and Compliance

Assessment H-1B Petitions

Benefit Fraud and Compliance Assessment H-1B Petitions - A USCIS report asserts that 21% of a random sampling of 246 H-1B cases were either patently fraudulent or were in technical violation of H-1B rules. DHS says that they conducted system checks and site visits to validate employer statements with regard to theexistence of the employer, whether the beneficiary was employed in the specified capacity, and to verify the beneficiary’s qualifications. The Report claims to have found that, of surveyed cases, 13.4% demonstrated fraud, and 7.3% demonstrated technical violations of regulations. In the DHS' extrapolation, these percentages would equate to 13,000 fraudulent cases and 7,000 cases with technical violations when applied to the entire pool of H-1b petitions. The report found the highest incidence of noncompliance in smaller and newer employers and with regard to positions in accounting, human resources, business analysis, and sales and advertising.

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