{"id":25238,"date":"2021-11-30T14:02:58","date_gmt":"2021-11-30T19:02:58","guid":{"rendered":"https:\/\/www.immigrationreform.com\/?p=25238"},"modified":"2021-11-30T14:03:00","modified_gmt":"2021-11-30T19:03:00","slug":"h1b-visa-lawsuit-alleges-fraud-immigrationreform-com","status":"publish","type":"post","link":"https:\/\/www.immigrationreform.com\/2021\/11\/30\/h1b-visa-lawsuit-alleges-fraud-immigrationreform-com\/","title":{"rendered":"Lawsuit: Fake Filings Clog H-1B Visa Lottery and Game the System"},"content":{"rendered":"\n

The Department of Homeland Security is conducting a third lottery for H-1B visas<\/a> this year after U.S.-based Indian managers allegedly sold multiple tickets to their countrymen. A lawsuit<\/a> charges that companies have swamped the system with fraudulent visa applications, and that DHS has taken no steps to root them out.<\/p>\n\n\n\n

\u201cThere is literally no follow-up to fake filings that we can ascertain, and no effort is made by [DHS to] weed out folks who have filed multiple applications with multiple employers,\u201d\u00a0attorney Charles Kuck told Breitbart News<\/a>. \u201cThis is a giant loophole and one which is clearly subject to manipulation at the expense of legitimate applicants.\u201d<\/p>\n\n\n\n

The lawsuit, filed on behalf\nof 510 Chinese applicants who lost out at the first two H-1B lotteries, cites\nseveral irregularities. In effect, phony companies created a pay-to-play scheme\nthat gamed the visa system. One individual selected in this year\u2019s lottery\nreported that a consultancy sought $4,500 from him to submit an H-1B petition.\nAnother firm, Fluxtek Solutions, promised Indian clients \u201c100% Job Guaranteed\nwith H-1B Visa Sponsorship.\u201d<\/p>\n\n\n\n

The H-1B program feeds large\nU.S. companies and their subcontractors with lower-wage, mid-skill foreign\nworkers in fields ranging from technology and healthcare to fashion and\njournalism. The program is capped at 85,000 annually, with additional visas\navailable for spouses and dependents.<\/p>\n\n\n\n

The alleged lottery scheme is part of a larger network of H-1B abuse. In May, Houston-based Cloudgen LLC<\/a> pleaded guilty to conspiracy to commit visa fraud in procuring H-1Bs for information technology workers from India. Earlier this year, U.S. Citizenship and Immigration Services<\/a> announced it was \u201ctaking a targeted approach focusing on H-1B-dependent employers.\u201d Still, the visa lottery\u2019s vulnerabilities remain unaddressed.<\/p>\n\n\n\n

Immigration lawyers who filed\nthe lotto lawsuit would, in their heart of hearts, like to see substantially higher\nH-1B allocations. But attempts to rig the visa lottery are too much, even for\nthem. Their complaint states:<\/p>\n\n\n\n

\u201cDespite being apprised of\nthe abuses \u2026 DHS did not limit the number of registrations that may be\nsubmitted on behalf of a prospective employee. Instead, DHS made it easier for\nmultiple registrations for the same prospective worker to occur.\u201d<\/p>\n\n\n\n

Pending in U.S. District Court in Washington, D.C., the legal challenge has received little coverage. \u201cAs usual, not a peep from the U.S. media \u2026 while our jobs are quietly taken away,\u201d tweeted White-Collar Workers of America<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

The Department of Homeland Security is conducting a third lottery for H-1B visas this year after U.S.-based Indian managers allegedly sold multiple tickets to their countrymen. A lawsuit charges that companies have swamped the system with fraudulent visa applications, and that DHS has taken no steps to root them out. \u201cThere is literally no follow-up<\/p>\n

Read More<\/a><\/div>\n","protected":false},"author":11,"featured_media":14532,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0},"categories":[9067],"tags":[1524,986,831,4367],"yst_prominent_words":[3028,2157,12602,2173,2298,2187,5895,1932,1963,2051,2767,9671,1944,8968,2014,3753,1939,2172,2170,1937],"_links":{"self":[{"href":"https:\/\/www.immigrationreform.com\/wp-json\/wp\/v2\/posts\/25238"}],"collection":[{"href":"https:\/\/www.immigrationreform.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.immigrationreform.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.immigrationreform.com\/wp-json\/wp\/v2\/users\/11"}],"replies":[{"embeddable":true,"href":"https:\/\/www.immigrationreform.com\/wp-json\/wp\/v2\/comments?post=25238"}],"version-history":[{"count":1,"href":"https:\/\/www.immigrationreform.com\/wp-json\/wp\/v2\/posts\/25238\/revisions"}],"predecessor-version":[{"id":25239,"href":"https:\/\/www.immigrationreform.com\/wp-json\/wp\/v2\/posts\/25238\/revisions\/25239"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.immigrationreform.com\/wp-json\/wp\/v2\/media\/14532"}],"wp:attachment":[{"href":"https:\/\/www.immigrationreform.com\/wp-json\/wp\/v2\/media?parent=25238"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.immigrationreform.com\/wp-json\/wp\/v2\/categories?post=25238"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.immigrationreform.com\/wp-json\/wp\/v2\/tags?post=25238"},{"taxonomy":"yst_prominent_words","embeddable":true,"href":"https:\/\/www.immigrationreform.com\/wp-json\/wp\/v2\/yst_prominent_words?post=25238"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}