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1/15/2007 IMMIGRATION ALERT Attention Employers, as you begin to consider new candidates for the H-1b cap, keep in mind this recent trend: The U.S. Consulates have increased scrutiny significantly on H-1b petitions, particularly in verifying the prior work experience of Foreign Nationals. The U. S. Consulates are denying H-1b visas after the USCIS Service Center has already approved the case because of an inability to prove experience claimed in the supporting documentation. We are aware of situations where, the consulates have taken it upon themselves to visit former employers to verify prior experience of visa applicants, denying requests where experience cannot be verified. In addition, we have seen recent scrutiny by the USCIS during the green card stage, which focused on a failure to verify so-called experience detailed by the individual in an earlier H-1B case, even where that experience was not used to support the underlying I-140 or labor certification case. The USCIS may deny a foreign national’s green card case if they have falsified experience in ANY prior visa petition even an unrelated earlier H-1b case. HLG would like to highlight this issue and encourage employers to verify the veracity of a candidate’s prior experience before sponsoring a petition on their behalf. Not only will this increase your credibility as an employer, but it will also save time and money in the long run. Please contact your HLG attorney to discuss further how to limit questioning by the USCIS and at the Consulates.
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