Double-standards in H1-B Program - Discriminating Small Employer

A detailed study of the documents released by the U. S. Citizenship and Immigration Services (USCIS), after a suit was filed through Freedom of Information Act (FOIA) in the U. S. District Court for the District of Columbia to oblige the release of the same, uncovered the double standards practiced in H-1B program.

Small entrepreneurs, who are willing to start business in the United States and hire skilled foreign workers for their firm, find it challenging and mostly difficult make it all the way, for instead of making the process easy for genuinely interested parties, the strict and stringent practices eventually lands such an enterprise under the lights of fraudulent act.

Based upon outdated inconsequential records heading back to 2008, which was released under Benefit Fraud and Compliance Assessment (BFCA), USCIS followed more strict rules and procedures, making frequent unannounced visits at the worksite of small businesses, even as they kept their procedure of reviewing the cases discreet. USCIS openly states that they understand how important a contribution such small enterprises make in the nation’s economy and that they constantly take efforts to make the procedure clear, consistent and aligned with business realities.

However, with stringent rules not easily conspicuous to public, participating in H1-B program for emerging small enterprises has become very difficult and close to impossible. H1-B is one such program that helps small companies and entrepreneurs grow with the visas this program provides to highly-skilled workers to work temporarily in the United States in fields related to information technology, engineering, finance, research and development, education, healthcare, and pharmaceuticals.

Upon studying the documents released by USCIS, a pattern was noted in their scrutiny of enterprises following the filing for H1-B visa, which indicated that only small and emerging businesses were targeted – having a gross annual income of less than $10 million, have no more than 25 employees, or has not yet complete a decade in business. Adding to all these difficulties, the small entrepreneurs face a tight procedure of providing exceedingly detailed information under Request for Evidence sought by USCIS.

Despite all the trouble they grow through, the study on released FOIA documents revealed that most of the visas are rejected even after proving full legitimacy of the enterprises.


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.