Archive for the 'Fraud' Category

J-1 Workers Have Rights Too; Students Awarded Back Pay After Filing Claims of Abusive Conditions

Exploitation of J-visa workers has popped up in the news again, with the Department of Labor reaching a settlement with three companies to pay $213,000 in back wages to foreign students who were hired for summer work in Pennsylvania at a Hershey’s Chocolate packing plant. The settlement resolves claims against the three companies for their […]

H-1B Visas for Start Ups? USCIS Sending Mixed Messages for Entrepreneurs

A common question among H-1B holders is whether they can start their own company and work for it, rather than for an existing employer. The answer is: It depends. It depends on your degree, the nature of the company you want to create, your experience and expertise, the capitalization of your proposed business, your country […]

H-1B Visa Interviews Used to Detect Suspected Employer Fraud and Abuse; Are Visas In Jeopardy Even for Prior Employer Violations?

Consular officers are taking a more active role to stop employer abuse of the H-1B program, by reporting H-1B employer’s suspected wage violations to the Department of Labor (DOL) for investigation, based on information the officers obtained during visa interviews with workers. The officers’ interest is good news to the extent unlawful H-1B employer practices are being challenged. The […]

IT Staffing Company Agrees to Pay Up For Firing Employee Who Complained About H-1B Hiring Discrimination

A few weeks ago we wrote about a legal complaint against an H-1B body-shop employer that highlighted a unique process for American citizens or green-card holders to contest unscrupulous employers who exploit the H-1B program. In our prior story, we discussed the complaint process within the Department of Justice (DOJ), in which American citizens and green […]

Guilty Plea For H-1B Scam Targeting Student Visa Holders; Beware of More Scams With H-1B Quota Cap

  A U.S. employer’s representative has pleaded guilty to running an H-1B visa scam targeting foreign students whose visas were set to expire and who apparently were seeking a follow-on employer sponsor who would enable them to remain in the United States and work.  The employer representative, Srinivas Doppalapudi, 45,  a U.S. permanent resident originally from India, pleaded […]

Promised a Percentage-Based Wage Higher Than the Prevailing Wage? Get Documentation

Has your H-1B employer promised you a wage that is based on a percentage of project work? If so, read on, as this article discusses some common issues and important considerations for H-1B workers offered percentage-based pay. The attorney-authors encounter many H-1B workers whose H-1B sponsor employers promised them percentage-based wages for work projects, such […]

The Other Complaint Process: DOJ Targets H-1B Body Shops Who Discriminate Against US and LPR Workers

We have written quite a bit about using Department of Labor and USCIS tools to stand up to exploitative H-1B employers, but there is another agency that is also pursuing them: the Department of Justice. The Department of Justice (DOJ) enforces immigration related anti-discrimination provisions of the Immigration and Nationality Act in the employment world. […]

Who Does USCIS Target for H-1B Fraud Inquiries? Internal Checklist Reveals Red Flags

An internal USCIS H-1B policy memo shows small, young companies are the target of USCIS efforts to ferret out fraudulent H-1B petitions. AILA, through The Legal Action Center (LAC) of the American Immigration Council, obtained a copy of the memo and its H-1B fraud referral routing sheet this week following a hard-fought lawsuit against USCIS for access to the documents. In […]

An Ounce of Prevention…Clues Your New H-1B Employer May Not Play By the Rules

Starting a new employer relationship can be risky. You never know if the employer’s representatives are good people who will follow the rules and treat you right, or if they are just talking a good game and are actually out to exploit you and your immigration status. There is no fool proof way to predict […]

Why PG County Schools’ Wage Violations May Throw Its H-1B Teachers Out of the US

In the wake of Maryland’s Prince George’s County Public Schools (PGCPS) settlement agreement involving H-1B wage violations, questions have been raised about the unfair effect this is having on the victims, the teachers who will be forced to leave their jobs and the United States once their H-1B time runs out. As part of the […]