US Citizenship and Immigration Services (USCIS) has reported three cases involving alleged misclassification and underreporting of job requirements in H-1B petitions filed across the United States. The agency said the cases involved lower wage levels, inaccurate job titles and understated experience requirements, which could disadvantage US workers.
In one case identified by USCIS officers in Vermont, a major IT consulting company classified skilled technology jobs at wage levels below what the duties and requirements supported.
USCIS said the practice could have reduced the wages paid for the positions and created unfair competition for US workers. The agency denied and revoked multiple petitions connected to the case.
The agency did not name the IT consulting company or disclose the number of petitions affected.
Workers listed as computer programmers
In Nebraska, USCIS officers found H-1B petitions that listed workers as computer programmers.
However, site visits and interviews showed that the workers were performing engineering jobs that carried higher wages, according to the agency.
USCIS said the misclassification allowed the employer to pay lower wages than those linked to the work being performed. It also said the practice created unfair competition for US workers.
The agency coordinated with federal partners in response to the findings and said the action was intended to stop unfair wage and hiring practices.
Florida petition understated experience
In a separate case in Florida, USCIS identified an H-1B petition that stated a job required two years of experience.
The end client later told USCIS that the position required more than seven years of experience. The agency said the difference could have lowered the appropriate wage level by about $40,000.
Following the finding, the petition was withdrawn and revoked, USCIS said.
The agency said the case involved an inaccurate description of the job’s requirements and that its action protected US workers from unfair wage competition.
USCIS steps up scrutiny
USCIS presented the three cases as examples of its efforts to identify inaccurate information in H-1B petitions and enforce wage-related requirements.
The agency said the actions would protect American workers and preserve the integrity of employment-based immigration programmes.
The posts did not identify the employers, workers or clients involved in the Nebraska and Florida cases. USCIS also did not provide details of the federal partners involved in the Nebraska investigation.
