L'USCIS enquête sur des fraudes à l'enregistrement des visas H-1B pour l’année 2024
Kris Quadros-Ragar • November 16, 2023
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Les services de citoyenneté et d'immigration des États-Unis (USCIS) ont récemment publié un avis exprimant des inquiétudes quant à une éventuelle fraude dans le processus d'enregistrement des visas H-1B au cours de l'année fiscale 2024.
Le 27 mars 2023, l'USCIS a annoncé avoir atteint la limite annuelle pour les enregistrements H-1B de l'année fiscale 2024, ayant reçu 780 884 enregistrements électroniques, une augmentation significative par rapport aux 483 927 enregistrements de l'année précédente, qui avaient également connu une augmentation considérable par rapport à l'année d'avant.
Selon l'USCIS, outre l'augmentation du nombre d'enregistrements, l'agence a constaté une augmentation notable du nombre d'enregistrements soumis pour des bénéficiaires ayant plusieurs enregistrements éligibles, ce qui pourrait impliquer un effort de la part d'individus ou d'entreprises pour obtenir un avantage au cours du processus de sélection. L'agence a identifié des entreprises spécifiques comme étant responsables de numéros potentiellement illégitimes, y compris près de 100 000 déclarants qui ont soumis des pétitions multiples au nom du même bénéficiaire, totalisant plus de 400 000 enregistrements potentiellement frauduleux - près de la moitié des numéros de l'année fiscale 2024.
L'USCIS enquête actuellement sur cette affaire et prendra les mesures appropriées contre toute activité frauduleuse, y compris le renvoi des individus ou des entités aux autorités fédérales chargées de l'application de la loi en vue d'éventuelles poursuites pénales. Le communiqué de l'agence a également confirmé que l'USCIS a l'intention de disqualifier les personnes inscrites, y compris celles qui ont déjà été sélectionnées, si elles se sont livrées à des fraudes pour augmenter leurs chances d'être sélectionnées, et de refuser les demandes ou de révoquer les approbations si elle trouve des preuves de fausse attestation ou de fraude.
En outre, pour renforcer le processus d'enregistrement H-1B et décourager les activités frauduleuses à l'avenir, l'USCIS a proposé une nouvelle règle de modernisation H-1B. Dans le cadre de cette proposition, l'agence prévoit d'augmenter les frais d'enregistrement du quota H-1B de 10,00 $ actuellement à 215,00 $. Cette mesure vise à décourager les doubles demandes et à empêcher l'utilisation abusive du système d'enregistrement H-1B. En augmentant les frais d'enregistrement, l'USCIS espère décourager les activités frauduleuses et rationaliser le processus afin de s'assurer que seuls les candidats éligibles déposent une demande pour le quota H-1B. Si la proposition est acceptée, la nouvelle taxe devrait entrer en vigueur pour la loterie de l'année prochaine.
Si vous pensez pouvoir prétendre à un visa H-1B, nous vous invitons à prendre contact avec notre cabinet pour une consultation.
Ce blog n'est pas destiné à fournir des conseils juridiques et rien ici ne doit être interprété comme établissant une relation avocat-client. Veuillez prendre rendez-vous avec un avocat spécialisé en droit de l'immigration avant d'agir sur la base de toute information lue ici.
Kris Quadros-Ragar
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