The United States Citizenship and Immigration Services (USCIS) announced on Sunday the discovery of an irregularity in an H-1B visa petition in Florida. This irregularity allowed for a significant salary reduction of approximately $40,000 by misrepresenting the required experience for the position.
USCIS shared details of the incident on its official account on X, stating that the petition claimed the job required only two years of experience. However, upon investigation, the end client confirmed that the job actually required more than seven years of experience.
The misrepresentation was not insignificant. According to USCIS, underreporting the experience requirement resulted in a potential salary cut of nearly $40,000 for the position.
Upon identifying the discrepancy, the petition was promptly withdrawn and subsequently revoked by USCIS.
Protecting American Workers
This revocation is part of USCIS's ongoing "Protecting American Workers" initiative, which aims to highlight investigations and enforcement actions related to compliance within the H-1B program.
The Importance of Experience in H-1B Visas
The H-1B program mandates that employers pay foreign workers salaries that align with the job requirements and characteristics. The system categorizes salaries into four levels, considering factors like experience and job complexity.
Therefore, falsely claiming that a position requires less experience can be used to justify a lower salary level.
In Florida's case, the discrepancy between the reported and actual experience requirements was over five years, which USCIS indicated could lead to a salary gap of about $40,000.
Increased Scrutiny and Reforms
This action comes amid heightened federal scrutiny over the H-1B program and its potential abuses. Since February 2026, a reform in the H-1B visa selection system has been in effect. It replaced the purely random lottery with a weighted system that favors higher-paying job applications.
The H-1B program enables U.S. companies to temporarily employ foreign workers in specialized occupations that typically require a university degree. Annually, the U.S. offers 65,000 H-1B visas, with an additional 20,000 set aside for workers with advanced degrees from American universities.
Individuals seeking information on legal pathways to work in the United States can explore various options tailored to their immigration profile.
This case is part of an ever-evolving immigration landscape. Stay updated on visas, fraud, and immigration policies in our U.S. Immigration section.
Understanding H-1B Visa Requirements and Reforms
Why is experience important for H-1B visa salaries?
Experience is crucial for determining the salary level of an H-1B visa holder. The program requires employers to pay salaries based on four levels, considering experience and job complexity. Underreporting experience can lead to unjustified lower salaries.
What changes were made to the H-1B visa selection process in 2026?
In February 2026, the H-1B visa selection process was reformed to replace the random lottery with a weighted system. This new system increases the chances of selection for applications linked to higher-paying jobs.