STEPS TAKEN BY HONEST EMPLOYERS & CROOKED SCAMMERS WHILE FILING NEW H1B VISA PETITION
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| In this annexure, I have listed the steps taken by honest employers and crooked scammers while filing new H1B visa petition to USCIS. I have also listed the difference in their approach.
Here are the important steps which honest employers (non scammers) usually follow while filing H1B visa petition to USCIS & afterwards (during visa worker employment). For your convenience, I've marked all important steps as blue. |
| 1. | Employers get requirements for tech workers from client. |
| 2. | Employers first look for US citizens & PR to fill the position. |
| 3. | If employers won't find US citizens or PR, then they look for visa worker. |
| 4. | Employers contact visa worker & discuss/negotiate salary, benefits etc. Employers send visa workers resume to client. |
| 5. | Clients take interview & select suitable visa worker for project. |
| 6. | Employers file H1B visa petition to USCIS for the selected visa worker. |
| 7. | Honest employers don't take money (visa fee) from visa worker for filing H1B visa petition. |
| 8. | Employers prepare offer letter & honestly mention mutually agreed salary, benefits and other terms & conditions in the offer letter. |
| 9. | Honest employers give offer letter to visa worker before filing H1B visa petition to USCIS. |
| 10. | Employers ask visa worker to sign the offer letter. |
| 11. | Employers send visa worker-signed offer letter to USCIS along with H1B visa petition. |
| 12. | Employers get real client documents from client, for whom visa worker will work. |
| 13. | Honest employers send real client documents to USCIS along with H1B visa petition. |
| 14. | USCIS approves visa petition & send approved H1B visa document to employers. |
| 15. | Placeholder for Scammers step. Not applicable for Honest Employers. |
| 16. | Honest employers give approved H1B visa documents to visa worker immediately (without any conditions). |
| 17. | Visa worker goes to client place & starts working on project. |
| 18. | Placeholder for Scammers step. Not applicable for Honest Employers. |
| 19. | Placeholder for Scammers step. Not applicable for Honest Employers. |
| 20. | Placeholder for Scammers step. Not applicable for Honest Employers. |
| 21. | Employers start paying mutually agreed salary to visa worker. |
| 22. | Honest employers don't keep any money of visa worker. They pay entire salary every month to visa workers. |
| 23. | After project gets completed, employers look another project for visa worker. Honest employers don't take any money from visa worker to run paycheck during bench period. (when visa worker is not working at client place). |
| 24. | Honest employers don't ask visa worker to send false leave mail during bench period. Honest employers don't terminate visa worker when visa worker remain between projects (to avoid running paycheck). |
| 25. | Honest employers never encourage or give friendly advice to visa worker to commit any fraud. |
| 26. | Rather, employers stop visa worker from committing any fraudulent or illegal activities during employment. |
| 1. | FRAUD: Scammer never get any requirements for tech worker from client (because there is no real client). |
| 2. | VIOLATIONS: Scammers never try to look for US citizens & PR to fill this position (because there is no real requirement from real client). |
| 3. | VIOLATIONS: Scammers always look for visa worker. |
| 4. | LYING: Scammers make false promise to visa worker that they'll pay certain percentage of billing rate as salary. Though scammers never intend to pay entire amount every month & scammers never intend to specify this promise in offer letter. |
| 5. | Scammers never arrange client interview. Client never selects visa worker for job. Because, in scammers case, real client doesn't exist. |
| 6. | Scammers are ready to file H1B visa petition for any visa worker, who are willing to pay money (visa fee). |
| 7. | VISA ABUSE: Scammers take money (visa fee) from visa worker. Taking money to file H1B visa petition is illegal. |
| 8. | CHEATING: Scammers prepare offer letter but doesn't give this offer letter to visa worker. It doesn't contain discussed salary and other terms & conditions. It contains minimum salary and completely different terms & conditions from the promised/discussed one. |
| 9. | CHEATING & FRAUD: To cheat visa worker, scammers don't give offer letter to visa worker before filing H1B visa petition to USCIS. Because if visa worker will see the terms & conditions in offer letter, then visa worker will never sign the offer letter & will never join scammers company. This forces scammer to commit another fraud. Scammers photoshop or fraudulently sign the offer letter (in place of visa worker) and send this fraudulently signed offer letter to USCIS, along with H1B visa petition. (Refer STEP 11.) |
| 10. | TRICK: Scammers can't ask visa worker to sign the offer letter, because scammers don't give offer letter to visa worker before filing H1B visa petition to USCIS. |
| 11. | FRAUD: Scammers can't send visa worker-signed offer letter to USCIS along with H1B visa petition (because scammers don't give offer letter to visa worker before filing H1B visa petition). So, scammers send fraudulently signed offer letter to USCIS. |
| 12. | Scammers can't get real client documents from client, because there is no real client. |
| 13. | FRAUD: Scammers send fake client documents to USCIS along with H1B visa petition, because there is no real client.
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| 14. | After around 6 months, USCIS approves visa petition & send approved H1B document to scammers. |
| 15. | TIME TO REVERT BACK: After approval of visa petition, scammers top priority is to revert back all abuses & frauds before it draws the attention of US visa law enforcement agencies. Scammers work to revert back, at least the following 3 abuses/frauds. ➤ Fake client document (Fraud committed in step 13) ➤ Fraudulent signature in offer letter (Fraud committed in step 11) ➤ Return visa fee, taken for filing H1B visa petition (Step 7). |
| 16. | Scammers don't give approved H1B visa documents to visa worker immediately. Scammers use this document to blackmail visa worker to sign backdated offer letter. |
| 17. | After visa approval, visa worker doesn't go to work at the client's place, because there is no real client. |
| 18. | REVERT BACK FAKE CLIENT DOCUMENT FRAUD: To revert fake client documents fraud, scammers need real client document. To get real client document, visa workers must get a real project. To get a real project quickly, scammers encourage visa worker to falsify resume by adding false experience & false projects. Scammers also impress visa worker by reasoning that added false experience will fetch higher rate, which will result in more salary (to visa worker). The moment visa worker gets real project, scammers immediately file amendment to H1B visa petition. Thus, scammers revert back fake client document fraud. And at the same time, scammers trick visa workers to commit fraud and make visa workers partner-in-crime. |
| 19. | REVERT BACK FRAUDULENTLY SIGNED OFFER LETTER FRAUD: For this, scammers send backdated offer letter to visa worker with the condition that if visa worker wants approved H1B visa document & money (visa fee) back, then visa worker must sign backdated offer letter without putting current date. Scammers also blackmail visa worker (if visa worker has added false experience in resume) to sign backdated offer letter. Trapped visa worker, unwillingly, signs backdated offer letter just to get visa fee & approved H1B visa document. Visa worker also fears that if she/he won't sign backdated offer letter, then scammers might report this cheating to USCIS. Thus, scammers revert back fraudulently-signed offer letter fraud (at least in company's record). |
| 20. | REVERT BACK VISA FEE ABUSE: Scammers revert visa fee abuse back in the first paycheck of visa worker. However, to ensure that visa workers won't go out of trap, scammers keep balance money of visa workers from salary. |
| 21. | CHEATING: Scammers start paying minimum salary to visa worker. |
| 22. | CHEATING: Scammers keep visa workers balance money. Scammers never pay entire salary every month to visa worker. |
| 23. | ABUSE: After visa workers project gets over, scammers ask for money from visa worker to run paycheck. If visa worker doesn't have money then scammers ask visa worker to send false leave mail. If visa worker has taken enough leave in that year, then scammers falsely terminate visa worker. |
| 24. | CHEATING (SHAM TERMINATION) : Scammers terminate visa worker when visa worker is not working on any project & has taken too much false leave & unable to pay money to run paycheck. But the termination is just a sham, because even after termination, scammers continuously look for project and as and when any project gets confirmed, scammers start running the paycheck for visa worker. |
| 25. | MAKE PARTNER IN SCAM: Scammers always encourage or give friendly advice to visa worker to commit some fraud. Advising to add false experience to get real project is one such example. |
| 26. | MAKE PARTNER IN SCAM: Scammers never stop visa worker to commit any illegal activities. On the contrary, scammers encourage visa workers or create a situation which forces visa workers to commit fraud or do cheating during employment. |
