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ARTICLE · 28 NOVEMBER 2012

USCIS Releases Fraud Analysis Framework For H-1 And L-1 Visas

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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United States Citizenship and Immigration Services (USCIS) released four documents regarding the agency's internal fraud review process in connection with the adjudication of H-1B and L-1 petitions.

United StatesImmigration
Douglas Hauer
Douglas Hauer
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On November 9, 2012, United States Citizenship and Immigration Services (USCIS) released four documents regarding the agency's internal fraud review process in connection with the adjudication of H-1B and L-1 petitions. These documents shed light on "fraud indicators" or variables that USCIS considers in adjudicating petitions. These documents confirm that USCIS has systemically ramped up scrutiny of petitions filed by smaller companies. USCIS released these documents as a result of pending litigation brought by the American Immigration Council's Legal Action Center (LAC) and Steptoe and Johnson LLP on behalf of the American Immigration Lawyers Association (AILA). According to the American Immigration Council, the documents that USCIS released are "troubling evidence of a near presumption of fraud in H-1B applications submitted by small and emerging businesses." While this is not a surprising revelation, it is clear that emerging companies will continue to face hurdles

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