H-1B Fraud and Compliance Assessment documents made public

Several procedures have been taking place to make sure that the integrity of select immigration benefit programs is secured by analyzing fraud vulnerabilities and customer compliance with the requirements of the program. In such step, U. S. Citizenship and Immigration Services (USCIS) came forth with the Benefit Fraud and Compliance Assessment (BFCA) in February 2005.

Following a thorough analysis, USCIS presented its H-1B Benefit Fraud & Compliance Assessment report in September 2008. According to this report, which was based upon sampling cases between October 1, 2005 and March 31, 2006, there were a total of 51 cases out of 246 samples of H-1B petitions confirmed to represent an act of fraud (33 cases) and technical violation (18 cases). This further led USCIS to implement stricter and stringent procedures for the review and adjudication of H-1B petitions.

After failing to get their hand on the copies of guidance and other records that let to implementation of the H-1B Benefit Fraud & Compliance Assessment report, American Immigration Lawyers Association (AILA), through Freedom of Information Act (FOIA), filed a suit in the U. S. District Court for the District of Columbia to oblige the release of the requested documents. After the District Court’s grant of partial summary judgement in favour of AILA, USCIS in May 2012 made public a few documents, while the rest of those were released in November 2012.

It was American Immigration Council (AIC) and Steptoe & Johnson’s combined efforts to compel the release of documents that led to a favourable outcome.

Following are the list of documents that have been made public now:

  • 10/31/08 USCIS memorandum from Donald Neufeld
  • H-1B Petition Fraud Referral Sheet (Aug. 27, 2008)
  • Administrative Site Visit Compliance Review Report (June 19, 2009)
  • H-1B Primary Fraud Indicators for Referral (Aug. 28, 2008)
  • H-1B Primary Fraud Indicators for Referral (Sept. 23, 2008)
  • H-1B Benefit Fraud and Compliance Assessment (BFCA) Q&A (Aug. 28, 2008)
  • USCIS H & L Fraud Referral Sheet (Oct. 25, 2010)



Reddy & Neumann, P.C. is an immigration law firm in Houston, Texas. For over 15 years, our firm has successfully represented corporate clients across the United States in their efforts to bring foreign workers and business professionals to the United States. Our experienced team of immigration lawyers in Houston & Dallas advises clients throughout the H-1B visa application process, including responding to various requests for evidence and consular processing issues. From filing, through approval, and on to appeal, we do everything possible to ensure that your company can bring the best and brightest in the world to the United States.