USCIS Update: EB-5 Immigrant Investor Pilot Program Extended

On March 12, 2009, USCIS announced that the Immigrant Investor Pilot Program has been extended until September 30, 2009.

Highlights from USCIS H-1B Benefit Fraud and Compliance Assessment of September 2008

• The applications and petitions were selected in a random sampling of pending and completed cases over a recent six month period. They were reviewed to verify information entered on and submitted in support of applications and petitions as well as domestic site visits and overseas verification to validate claimed relationships, employment and qualifications.
• Site visits were conducted to verify the existence of the petitioning company and the place of employment and to interview persons who should be familiar with the petition and job offer.
  The objective of the site visits were to:

              o Verify the existence of the petitioning employer
              o Verify the stated employer/employee relationship between the petitioner and
                 the beneficiary
              o Verify that the beneficiary is or will be employed in the capacity specified
                 and at the location specified
              o Verify that the beneficiary has the requisite experience and/or qualifications
              o Reconcile discrepancies
              o Verify the existence or non-existence of multiple and/or duplicate filings by
                 the same petitioner.

    • Out of the 246 sample cases, 51 were found to have fraud or technical violations. 
      These include:

              o Job location was not listed on the I-129 and the LCA
              o Beneficiary was not receiving the prevailing wage due to claims by
                 the beneficiary, benching and deductions from the employee's
                 salary for H-1B fees
              o Fraudulent/Forged documents
              o Storefront/Shell Business/No Bona Fide job offer
              o Job duties significantly different from position description listed on I-129 and
                 LCA (example - position was a business development analyst. Upon
                 investigation, the petitioner stated that the beneficiary would be working in
                 a Laundromat doing laundry and maintaining washing machines)
              o Already under ICE investigation
              o Misrepresentation of H-1B status, including re-entering the U.S. as H-1B after
                 they had quit or were terminated from their authorized job and porting to a
                 new employer before a petition has been filed
              o Beneficiary paid the ACWIA fee associated with the H-1B petition

     • Final determinations of the study:

              o Companies with 25 or fewer employees have higher rates of fraud or
                 technical violations than larger companies
              o Companies with an annual gross income of less than $10 million have
                 higher rates of fraud or technical violations than companies with an
                 annual gross income of more than $10 million.
              o Companies in existence for less than 10 years have higher incidence
                 of fraud or technical violations than those in existence for more than
                 10 years.
              o The results indicate that H-1B petitions filed for accounting, human 
                 resources, business analysts, sales and advertising occupations 
                 are more likely to contain fraud or technical violations other than
                 other categories.
              o Beneficiaries with only bachelor's degrees have a higher fraud or technical
                 violations rate.

ESTA

U.S. Customs and Border Protection has announced that they now have information sheets for Visa Waiver Program travelers on the Electronic System for Travel Authorization (ESTA) in ten languages.

Western Hemisphere Travel Initiative

• U.S. Customs and Border Protection (CBP) is reminding travelers about the new requirements at land and sea ports starting on June 1, 2009. Travelers will need to present an approved travel document to enter the U.S. These documents include:

              o U.S. or Canadian passport
              o Trusted Traveler Card (NEXUS, SENTRI or FAST)
              o U.S. Passport Card
              o State or province-issued Enhanced Driver's License
                 (when and where available)
              o I-872 American Indian Card or (when available)
                 enhanced tribal cards
              o Military ID cards presented by members of the U.S.
                 armed forces traveling on official orders
              o U.S. Merchant Mariner Document (for U.S. Citizens,
                 when conducting official maritime business)

• Lawful permanent residents will continue to be required to show acceptable evidence of the lawful residence status when entering the country.