x.com/ChiefEngineerCE/status/2095181456184316130
People ask what actually happens if you report a visa coworker to USCIS anonymously. Here is the process. It is not a movie. It is paperwork that becomes the employer’s problem.
You find you or an American colleague is carrying the weight of a staff full of unqualified H1B while they are working their way through firing and hiring more and more...
So-
You file the tip at the USCIS form:
https://uscis.gov/report-fraud/uscis-tip-form
You can submit without your name. Give the worker’s name, employer, worksite, job title, and specific examples of missing skills, wrong duties, or a title that does not match the degree. Vague reports die. Specific reports can be checked against the petition the company already filed.
Honestly, multiple reports are better and if its a safety or fraud issue then it is going to carry more weight.
Understand-
You will not get a status update. No case number. No email that says the visa was pulled. That is by design.
USCIS screens the tip. If it looks like benefit fraud, it can go to Fraud Detection and National Security. They already have the LCA, the claimed degree, the wage, and the worksite. They compare your facts to the employer’s attestations. If it looks criminal or worksite-related, it can go to ICE. Wage and location issues can also go to the Department of Labor.
What the company sees is the headache. At first it's HR then its time gathering documents and scheduled meetings. Then it gets expensive as attorneys get involved and the longer it takes the more they make.
An unannounced site visit. Officers asking who works there, what they actually do, and whether it matches the petition. Interviews with managers and the visa worker. Document requests. A Request for Evidence. A Notice of Intent to Revoke. Immigration counsel on the clock. HR locked in a conference room explaining why the “engineer” does not have an engineering degree. If the company refuses to cooperate, USCIS can use that against petitions at that worksite.
The coworker usually does not hear “your colleague reported you.” Truth is they may not even know they were reported. HR might call and ask some questions but avoid tipping him off, because there is a risk as to what he might divulge. The last thing the employer needs is for it to get out and for others to follow suit.
Even if he is told the person impacted is not likely to tell anyone or may be compelled to cooperate and disclose information about his manager and colleagues.
They hear that renewal got harder, the border got colder, or FDNS showed up at reception. That process can drag. It is still expensive. Counsel, lost time, and a compliance file that now exists are costs the employer pays whether the petition ultimately survives or not.
That is the point. Employers treated these H1B filings as cheap and low-risk. A documented tip turns a quiet staffing choice into a federal review of the story they told the government.
Report wage and LCA problems to DOL at 1-866-487-9243. Worksite and identity issues to ICE at 1-866-347-2423 or https://ice.gov/webform/ice-tip-form.
Finally, do not invent facts. Crying wolf might get legitimate complaints ignored. A false federal report is its own problem. Real examples, dates, and duties are what make a tip land on someone who can act
5 replies (most recent on top)
@aa This is simply untrue! If it takes Americans several months to get new jobs you thing an H1B holder will be able to transition their sponsorship to a new “contracts” within the required limit of 60 days? Delulu!
So many people responding who aren’t immigrants themselves and know nothing about the process. H1B mostly goes to Indians. Some good, some misogynistic and bullies. No matter the issue, we should not have an H1B holder in a leadership role where they get to lay off Americans constantly.
@a3 This. Problem is not H1B folks in US, usually my experience is that they are good at what they do at least at optum. Optum Problem is offshoring.
If this was as straight forward as you mentioned, the amount of Indians that will report on other Indians will skyrocket. The chance of this working is fairly low and even if it does, it affects maybe 1 in 100, and they would have already moved to a new contract/project by then. Until unless the economy gets better, these are all like applying tape for a sinking ship.
Well then they'll simply move more jobs to offshore. H1B is not the problem, it's very limited and hard to get, it's the offshoring that's ki-ling US IT jobs. He harder/more expensive H1B gets, the more the job will be completely eliminated onshore and sent to an offshore "fresher"