Under the Biden Administration, an astonishing number of visa fraud allegations have emerged, particularly in the H-1B visa program. According to recent revelations, this program, designed to allow U.S. companies to hire specialized foreign professionals, has been rife with dishonest practices. Fraudulent applications and the hiring of foreign workers at the expense of U.S. citizens have led to profound concerns about the integrity of the program and the government’s response to the matter.
“It’s a mass fraud,” stated Rahul Reddy, a Texas immigration lawyer representing several Indian-owned subcontractors and visa workers. As investigations ramp up, Indian CEOs, fearing prosecution, are shutting down their companies and fleeing to India. Yet, as Reddy said, many “are not filing their H-1B’s even though they got them in the lottery.”
More evidence of mass fraud in #H1B program.
The fraud even sidelines some US-trained foreign workers in favor of unskilled labor from India.
But the feds' primary goal is to flood the labor market BAMN, whatever the vast damage to Americans or Indians.https://t.co/rFhRACYryo
— Neil Munro (@NeilMunroDC) June 18, 2023
At the heart of this matter lies a process known as the Labor Condition Application (LCA). This system should ensure foreign hires possess unique skills that cannot be found among American applicants. Unfortunately, the LCA has instead served as a vehicle for fraud, enabling low-wage importation. These poorly trained workers undercut American professionals. “This is organized human trafficking,” asserted Jay Palmer, a fraud expert and civil rights advocate for Americans and immigrants.
Moreover, the program is exploited as a pathway to U.S. citizenship rather than a means to fill niche roles. Indian graduates cooperate with fraudulent visa applications, viewing the H-1B visa as a step toward green cards and U.S. citizenship. In contrast, graduates of American schools see their chances for H-1B visas reduced, hindering their ability to advance professionally.
One such graduate, identified as “Manohar from the Midwest,” noted the negative impact on those working with valid permits, saying, “They’re in their final or penultimate attempt to win the H-1B lottery, and they’re employed to a legitimate employer. They are the ones who are affected.”
Joe Biden’s Department of Homeland Security (DHS), under the direction of Secretary Alejandro Mayorkas, acknowledges this widespread fraud but appears to do little to curb it. DHS’s lack of follow-up to fraudulent filings is notable, and even when prosecutions occur, they’re seldom publicized. This silence, some argue, serves as a diplomatic concession to Indian Prime Minister Narendra Modi, who favors the H-1B program for its economic benefits to India.
Meanwhile, the U.S. government’s attempts to assert control over the process seem half-hearted.
Policy changes announced on June 14 by Mayorkas’ DHS allow more visa workers to remain employed after their visas expire. Rather than addressing the fraud, DHS appears more focused on expanding the visa program and controlling the migration pathways.
The magnitude of the fraud may be much larger than perceived. Other visa programs, including J-1, L-1, OPT, and others, may be subject to similar fraudulent practices, creating a white-collar resident population greater than 1.5 million. This influx of foreign workers dilutes the job market for American graduates and widens the wealth gap.
The Biden Administration’s failure to tackle visa fraud effectively sends a troubling message to American graduates and professionals. With rampant fraud overshadowing the H-1B program and seemingly tepid government response, the integrity of U.S. immigration policies hangs in the balance. Now more than ever, the need for robust immigration reforms is apparent to ensure fair competition and protect American jobs.