February 02, 2010
The American Immigration Lawyers Association (AILA) reported that port inspectors at the Newark, New Jersey airport port of entry have been assisting in an investigation involving certain H-1B nonimmigrants from India and certain H-1B petitioner companies. According to AILA the inspectors’ questions focused on who the individuals worked for, how their pay was computed, who paid their salary, their job duties, and what they were paid. In some cases, the individuals were subjected to expedited removal and visa cancellation.
Apparently, several of these cases involved companies under investigation by U.S. Immigration and Customs Enforcement (“ICE”) and/or U.S. Citizenship and Immigration Services (“USCIS”) for ongoing fraud, and those questioned were offered the opportunity to contact their consulate and that CBP officers contacted the petitioner and/or current employer when clarification was needed. This action appears to have been timed to follow the USCIS announcement in January of strict new guidelines for approval of H-1B petitions.