According to the Seattle Times, federal investigators discovered fraud in more than 20% of
H-1B visas applications they examined. H-1B visas are employment visas designed to bring skilled, educated foreign professionals to the U.S. workforce.
In a report released late last year,
U.S. Citizenship and Immigration Services (UCIS) found one instance in which a U.S. employer petitioned for a business-development position, but later told investigators the employee would be doing laundry and fixing washing machines.
The UCIS's findings seem to justify some critics' opinion of the H-1B visa program, who argue hiring foreign professionals hurts U.S. citizens trying to find employment. However, officials from the UCIS maintain that when used properly, the program is highly effective.
"The H-1B program is immensely valuable, and most employers and workers who use it, use it properly," said spokeswoman Sharon Rummery.
During the investigation, officials randomly sampled 246 H-1B visa applications out of the 96,827 applications filed between Oct. 1, 2005 and March 31, 2006. H-1B visas holders must have at least a bachelor's degree or the equivalent, and must be paid the prevailing wage.
But investigators found many instances in which foreign workers forged their employment and education credentials to obtain a visa. Investigators also found that some employers failed to pay the prevailing wage or "benched" workers. Benching refers to the illegal practice of not paying a foreign worker or only paying him or her a fraction of what they are required to pay during times of no work.
Investigators also found higher instances of fraud among smaller, less established employers. In addition, the report also found violations were more common among workers with a bachelor's degree, those who were outside the U.S. when they were hired, and those in such occupations as accounting, human resources, and sales and advertising.
In the wake of these findings, immigration services said it promises to make procedural changes to the program.
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