H-1B Visas – The 3 Worst Things According to Immigration
By: Harlan York
October 8, 2013

Not too long ago, Immigration finally caved in on a lawsuit filed in 2010 by the American Immigration Lawyers Association.

The purpose of the legal proceedings: To Discover So-Called “Fraud Indicators” Used by the Government to Review Petitions for H-1B Visas.

However, the reality emerged as the papers were uncovered.

In 2008, Immigration began looking hard at certain businesses.

The new plan caused a huge jump in raids (“unannounced worksite fraud inspections”) and a much more difficult review of many H-1B visas.

In its efforts to stop people from exploiting the H-1B program, Immigration used three “anti-fraud” bases, resulting in unfair action against companies that were new and/or small.

The government documents – which finally were exposed – demonstrate that Immigration became automatically prejudiced against any entity:

  1. with a gross income of less than ten million dollars
  2. with less than 26 employees OR
  3. which were founded in the last 10 years

When any of the above 3 criteria were identified, the Immigration Service instructed officials to look for fraud and/or “technical violations.”

In addition, Immigration told officers to essentially dissect petitions for H-1B visas upon discovery of these any of these three alleged “fraud indicators.”

What this meant practically:  for years, small businesses and startups faced unfair  treatment by Immigration, and sometimes, denials of perfectly legitimate visa applications.

Things are supposed to be better now, but this is all food for thought.

If you fall within the pool of candidates for H-1B visas or are a petitioner company, consult with the best immigration lawyer possible to review your matter.

About Harlan York

The first-ever attorney in New Jersey to win “Immigration Lawyer of the Year” from Best Lawyers, Harlan York is former immigration chair of the NJ State Bar Association and former co-chair for the NY State Bar Association CFLS Committee on Immigration. He currently serves on the American Immigration Lawyers Association (AILA) National Practice Management Committee.

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Harlan York & Associates practices law in the areas of Immigration, Deportation Defense, Family Immigration, Corporate Immigration, Naturalization throughout Essex County – Hudson County – Morris County – Passaic County – Somerset County – Middlesex County – Bergen County – New Jersey -Immigration Lawyer – NJ Immigration Lawyer – Jersey City-Newark-Paterson Passaic Elizabeth Edison Woodbridge Toms River Hamilton Trenton Camden Clifton Passaic Garfield Wallington Cherry Hill East Orange Passaic Union City Bayonne Irvington Old Bridge Lakewood North Bergen Vineland Union Wayne Parsippany-Troy Hills New Brunswick Plainfield Bloomfield Perth Amboy East Brunswick West New York West Orange Hackensack Atlantic City Kearny Mount Laurel Montclair Essex Hoboken North Brunswick Belleville. In addition to serving clients in New York, Pennsylvania, the greater United States, and Internationally.

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