By Kavita Mistry 
The H-1B visa program, designed to help American businesses recruit highly skilled foreign workers, has come under scrutiny for alleged misuse and adverse impacts on U.S. workers. The U.S. Citizenship and Immigration Services (USCIS) notes that many qualified American workers are being overlooked or unfairly treated due to fraud and abuse in the program.
Crackdown on H-1B Visa Fraud: Protecting American Workers Amidst Rising Concerns
A notable case involved Kishore Dattapuram, who was sentenced to 14 months in prison for conspiring to file fraudulent H-1B applications. These applications falsely claimed that foreign workers had legitimate jobs waiting for them, when in fact no such positions existed. Furthermore, some U.S. employers exploit the program by hiring cheaper foreign labour, indirectly harming American workers by suppressing wages and reducing job opportunities. Andrea Lucas, Acting Chair of the EEOC, issued a stern warning that discrimination against American workers under the guise of immigration must stop, affirming that laws protecting all workers will be strictly enforced.
To combat abuse, USCIS has intensified its oversight through increased site visits, interviews, and investigations. Workers who suspect fraud—whether H-1B or U.S. citizens—are encouraged to report it. Common signs of fraud include wage disparities, workers performing different or more advanced duties than listed, false work locations, and underqualified workers being hired over Americans. However, data from the American Immigration Council shows that H-1B workers are generally well-compensated, with a 2021 median salary of $108,000, compared to $45,760 for U.S. workers, and a 52% wage increase over 18 years.
USCIS Tightens H-1B Oversight to Prevent Abuse
H-1B workers who report violations may be granted leniency if they lose status due to employer retaliation, provided they demonstrate extraordinary circumstances. USCIS’s site visits focus on ensuring compliance, especially among H-1B-dependent employers or those with unverifiable business data or off-site placements. These efforts aim to prevent practices like “benching”—not paying workers while awaiting assignments—and to ensure U.S. workers are not displaced through misuse of the system.
Summary:
The H-1B visa program faces increased scrutiny over fraud and worker exploitation. USCIS is cracking down with site visits and investigations, aiming to protect American jobs. Despite concerns, data shows H-1B workers earn high wages. Whistle-blowers may receive leniency if they report abuse and face retaliation.