Immigration attorneys from around the country have begun reporting that the Nebraska and Vermont Service Centers have begun routinely requesting additional evidence for computer consultants seeking H-1B status, especially consultants working at client sites. In some cases, the Requests for Additional Evidence have been several pages and are requesting information such as itineraries, contracts, evidence that the position is actually a specialty occupation, financial information on the employer, evidence of an employment relationship, etc. The “kickbacks” fall into four basic areas of inquiry:
- attempting to restrict the approval dates by showing proof of a need for services into the future
- the job is really a specialty occupation
- employer’s ability to pay the LCA wage
- denying change of status by asking if the H-1 employee can show proof of current employment by the first employer
Apparently, the INS has targeted computer consultants because of reports of contractors and others fraudulently petitioning for consultants who come to the US and find no position actually available.
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