Department of Homeland Security 

Office of Inspector General 

The U.S. Citizenship and Immigration 
 

Services’ Adjudication of Petitions for Nonimmigrant 
 

Workers (I-129 Petitions for H-1B and H-2B visas) 
 

OIG-11-105 August 2011 
Office Office of Inspector General ofII/spector Gel/eral

U.S. U.S. Department of Homeland Security Department of Homeland Security

Washington, Washington, DC 20528 DC 20528

Homeland Homeland

Security Security

AUG AUG 2 5 2011
 25 2011 

MEMORANDUM MEMORANDUM FOR: FOR: Donald Donald Neufeld Neufeld 

Associate Associate Director
 Director 

Service Service Center Operations Directorate Center Operations Directorate 

U.S. U.S. Citizenship and Immigration Services Citizenship and Immigration Services 

FROM: 	 FROM: Anne Anne L. Richards al:l K&4~~ L. Richards ~~ ~ Assistant Assistant Inspector General for Audits Inspector General for Audits 

SUBJECT: 	 SUBJECT: The The Us. Citizenship and Immigration Services' Us. Citizenship and Immigration Services' 

Adjudication of Petitions for Nonimmigrant Workers Adjudication ofPetitions for Nonimmigrant Workers 

(1-129 (1-129 Petitions for H-1 Band H-2B visas) Petitions for H-1 Band H-2B visas)

Attached Attached for your information is our final 
 for your infonnation is our final letter letter report, The Us. Citizenship and report, The Us. Citizenship and 

Immigration Services' Adjudication of Petitions for Nonimmigrant Workers (1-129 Immigration Services' Adjudication ofPetitions for Nonimmigrant Workers (1-129 

Petitions Petitions for H-1B and H-2B visas). We incorporated the formal comments from the for H-1B and H-2B visas). We incorporated the fonnal comments from the

Director, U.S. Citizenship and Immigration Services in the report. Director, U.S. Citizenship and Immigration Services in the report. 

The report contains two recommendations aimed at improving Immigration Services The report contains two recommendations aimed at improving Immigration Services 

Officer fraud identification and response training. Your office concurred with both Officer fraud identification and response training. Your office concurred with both 

recommendations. Within 90 days of the date of this memorandum, please provide our recommendations. Within 90 days of the date of this memorandum, please provide our 

offce with a written response that includes your (1) agreement or disagreement, office with a written response that includes your (1) agreement or disagreement, 

(2) (2) corrective action plan, and (3) target completion date for each recommendation. Also, corrective action plan, and (3) target completion date for each recommendation. Also,

please include responsible parties and any other supporting documentation necessary to please include responsible parties and any other supporting documentation necessary to 

inform us about the current status of 
 infonn us about the current status of the recommendations. Until your response is the recommendations. Until your response is 

received and evaluated, the recommendations wil be considered open and unresolved. received and evaluated, the recommendations will be considered open and unresolved. 

Consistent with our responsibility under the Inspector General Act, we are providing Consistent with our responsibility under the Inspector General Act, we are providing 

copies of our report to appropriate congressional committees with oversight and copies of our report to appropriate congressional committees with oversight and 

appropriation responsibility over the Department of
 appropriatioIi responsibility over the Department of Homeland Security. The report wil Homeland Security. The report will

be posted on our website. be posted on our website. 

Should you have any questions, please call me, or your staff may contact Should you have any questions; please call me, or your staff may contact 

John E. McCoy II, Deputy Assistant Inspector General for Audits at (202) 254-4100. John E. McCoy II, Deputy Assistant Inspector General for Audits at (202) 254-4100. 

Attachment Attachment 
 

 

Background 

The United States Citizenship and Immigration Services (USCIS) is the agency within 

the Department of Homeland Security (DHS) that oversees lawful immigration to the 

United States. Its responsibilities include collecting, processing, and adjudicating visa 

petitions submitted by employers seeking permission to temporarily employ foreigners as 

nonimmigrant workers in the United States. 

Employers use Form I-129 (Petition for Nonimmigrant Worker) to request permission to 

bring foreign individuals to the United States temporarily to perform services or labor, or 

to receive training. The specialty occupation worker visa (H-1B visa) is a nonimmigrant 

visa authorized under the Immigration and Nationality Act.

1

 It allows U.S. employers to 

temporarily employ foreigners in “specialty” occupations. The regulations define 

“specialty occupation” as one requiring theoretical and practical application of a body of 

highly specialized knowledge in a field of human endeavor, which requires the 

attainment of a bachelor's degree or higher in a specific specialty, or its equivalent, as a 

minimum for entry into the occupation in the United States.2

 The temporary 

nonagricultural worker visa (H-2B visa) is a nonimmigrant visa authorized under the 

Immigration and Nationality Act.

3

 It allows U.S. employers to employ foreign 

individuals in temporary nonagricultural jobs.4 

USCIS’ headquarters-based Service Center Operations Directorate is responsible for the 

adjudicative process at four USCIS service centers; most I-129 petitions are processed 

and adjudicated by Immigration Services Officers (ISOs) working at USCIS’ California 

and Vermont Service Centers. The Service Center Operations Directorate develops 

adjudicative guidance and disseminates it to the service centers. 

The service centers are the first to review I-129 petitions for H-1B or H-2B visas. If 

approved, the petition information is forwarded to the U.S. Department of State for 

issuance of the visa. However, if the service center identifies fraud indicators, the 

petition is forwarded to USCIS Fraud Detection and National Security (FDNS). If FDNS 

believes the potentially fraudulent act is intentional and warrants legal action, it forwards 

the petition to U.S. Immigration and Customs Enforcement. U.S. Immigration and 

Customs Enforcement works with U.S. Department of Justice to seek legal action against 

the employer. 

Results of Review 

Immigration Services Officer Fraud Training Can Be Improved 

The ISO fraud training for the adjudication of the H-1B and H-2B visa classifications of 

the I-129 petitions is decentralized and inconsistent. Although USCIS has a process to 

1 Immigration and Nationality Act, Section 101(a)(15)(H)(i)(b). 
 2

 8 C.F.R § 214.2(h)(4)(ii) (2011). 
 3 Immigration and Nationality Act, Section 101(a)(15)(H)(ii)(b). 
 4

 8 C.F.R § 214.2(h)(1)(ii)(D) (2011). 
 

1 
train newly hired ISOs, on-the-job training procedures vary. Experienced ISOs do not all 

receive the same type of fraud training, and ongoing fraud training is not updated and 

provided annually. This occurs because USCIS headquarters has not implemented a 

national, ongoing fraud identification and response training program that includes 

standards for annual training and updates. Without a consistent fraud identification 

training program, USCIS cannot ensure that fraudulent petitions for H-1B and H-2B visas 

are consistently identified. 

All newly hired ISOs complete the same basic 6-week ISO course before being assigned 

to a service center. However, local on-the-job training procedures vary. At the Vermont 

Service Center, on-the-job training is provided by senior officers, subject matter experts, 

and training coordinators. In addition, all new hires are assigned a mentor who reviews 

their adjudication decisions. Once the mentor feels that the new ISO can work 

independently, the mentor completes a Training Qualification Sheet that summarizes the 

number of cases reviewed, the decision made on each case, and the date on which the 

new ISO became qualified to independently adjudicate cases. The ISO’s supervisor also 

certifies that the ISO is qualified to adjudicate cases. The Center Training Unit maintains 

a copy of the Training Qualification Sheet and certification in a database. The California 

Service Center also assigns mentors to the new ISOs and ensures continuous on-the-job 

training, but does not use a standardized checklist or booklet. The California Service 

Center does not track ISO training or certify that new ISOs received on-the-job training. 

In 2006, both service centers provided I-129 H and L Fraud Training, which discusses the 

process to adjudicate Form I-129 H and L visa classifications and related fraud cases. 

However, this training was not provided to all ISOs responsible for the adjudication of 

H-1B and H-2B petitions. For example, 

Sixty-eight (57%) of the 119 ISOs and supervisors at the Vermont Service Center 

did not take the I-129 H and L Fraud Training. 

One hundred (85%) of the 118 ISOs and supervisors at the California Service 

Center did not take the I-129 H and L Fraud Training. 

Fraud prevention training beyond the H and L courses differs between the two service 

centers. The Vermont Service Center provides Nonimmigrant Visa Fraud Identification, 

Criminal History Data Request, and Aggravated Felony training as stand-alone courses. 

The California Service Center provides I-129 Fraudulent Document training and an 

Overview of Center Fraud Detection Operations for Family Based Adjudicators, which 

contains a section on marriage fraud. 

Not all ISOs and supervisors responsible for adjudicating the H-1B and H-2B petitions 

attended the fraud courses unique to each service center. For example, 

Thirty-seven (31%) of the 119 ISOs and supervisors at the Vermont Service 

Center did not take the Nonimmigrant Visa Fraud Identification training. 

One-hundred and two (86%) of the 118 ISOs and supervisors at the California 

Service Center did not take the I-129 Fraudulent Document training. 

2 
USCIS headquarters has not developed a formal, post-basic, national fraud identification 

and prevention training program. Such a program would help ensure that ISOs receive 

adequate and consistent training to ensure that immigration benefits are granted only to 

eligible applicants and petitioners. It would allow for efficient policy and procedural 

changes when a systemic vulnerability or widespread fraud activity is detected. 

Recommendations 

We recommend that the Director of USCIS— 

1.		 Develop and implement a national, post-basic fraud identification and response 

training program that identifies current fraud trends. 

2.		 Ensure that this fraud training is conducted annually for all ISOs and supervisors 

responsible for H-1B and H-2B adjudications. 

Management Comments and OIG Analysis 

The Director, USCIS, concurred with both recommendations in our report. We have 

included a copy of the comments in appendix B. The following is an evaluation of 

USCIS’s comments. 

Management Comments to Recommendation 1 

Concur: USCIS is currently developing post-basic fraud courses to aid ISOs in identifying 

current fraud trends and provide them with the necessary skills for conducting interviews 

where fraud may be present. 

OIG Analysis: We concur that the steps that USCIS is taking, and plans to take, begin to 

satisfy this recommendation. This recommendation will remain open and unresolved 

until we have obtained and reviewed a synopsis of the post-basic fraud courses. 

Management Comments to Recommendation 2 

Concur: USCIS agreed to begin the necessary steps to ensure that ISOs receive this 

training annually, once the courses are developed and implemented. 

OIG Analysis: We concur that the steps that USCIS is taking, and plans to take, begin to 

satisfy this recommendation. This recommendation will remain open and unresolved 

until we have obtained and reviewed policies and procedures that ensure ISOs receive the 

post-basic fraud training annually. 

3 
Appendix A 

Purpose, Scope, and Methodology 

The objective of our review was to determine whether USCIS 

provides its ISOs with consistent fraud training for the adjudication 

of the H-1B and H-2B visa classifications of I-129 petitions. 

To accomplish our objective, we analyzed the training records of 

ISOs adjudicating the H-1B and H-2B visa classifications of I-129 

petitions at the California and Vermont Service Centers. These 

training records covered January 2003 through May 2010 for 237 

ISOs and supervisors. We reviewed these records for fraud-related 

courses offered and attended. 

We reviewed applicable federal regulations establishing the 

policies for alien nonimmigrant workers to obtain temporary 

employment in the United States and its territories under the H-1B 

and H-2B programs. We also reviewed the Adjudicators Field 

Manual; national and local standard operating procedures for H-1B 

and H-2B adjudications; other adjudicative guidance; U.S. 

Government Accountability Office reports; USCIS Ombudsman 

reports, Benefit Fraud Compliance Assessment; and other relevant 

reports and documents for topics covering nonimmigrant worker 

adjudications. 

We interviewed USCIS officials from the Office of the Chief 

Financial Officer, Quality Assurance, Fraud Detection and 

National Security, Office of Policy and Strategy, and Service 

Center Operations. We also interviewed officials from the U.S. 

Department of State, the Kentucky Consular Center, and the U.S. 

Department of Labor. 

We conducted this performance audit between August 2009 and 

March 2011 pursuant to the Inspector General Act of 1978, as 

amended, and according to generally accepted government 

auditing standards. Those standards require that we plan and 

perform the audit to obtain sufficient, appropriate evidence to 

provide for a reasonable basis for our findings and conclusions 

based upon our audit objectives. We believe the evidence obtained 

provides a reasonable basis for our findings and conclusions based 

upon our audit objectives. 

We appreciate the cooperation by USCIS management and staff in 

providing the information and access necessary to accomplish this 

review. 

4 
----------- --------------

u.s. Department or Homeland Security 

U.S. Citizenship ond Immigration Services 

Office of/he Director MS-2000 

Washington, DC 20529-2000 

~~~~ lJ.S.Citizenship 

\' l\.1;lrJi; and Immigration ~¢ ~ S erVlces . 

Memorandum 

TO: 

~:t;t~~~a;!~r Gen~its ~ J 

FROM: Alejandro N. Mayorkas 

Director, U.S. Citizenshi an Immigrati

~' on Services 

SUBJECT: Draft Letter Report: The U.S Citizenship and Immigration Services' Adjudication of 

Petitions/or Nonimmigrant Workers (1-129 Petitions/or H-1B and H-2B visas)­

For Official Use Only 

USCIS appreciates the opportunity to review and comment on the subject report and generally 

agrees with the DIG sununary of the issues identified in the report. USCIS disagrees with the 

assignment of the recommendations to the Associate Director of USC IS Service Center 

Operations and feels that this recommendation should be addressed to the Director of USC IS for 

implementation by USCIS program offices in alignment with the USCIS mission since the 

recommendations are national in nature. 

DBS-OIG recommends that the [Director of U.S. Citizenship and Immigration Services]: 

Recommendation 1: Develop and implement a national, post-basic fraud identification and 

response training program that identifies current fraud trends. 

USCIS response: users concurs with this recommendation. Post-basic fraud courses for 

Immigration Services Officers (ISOs) are currently being developed to aid [SOs in fraud 

identification and trends. These courses will assist ISOs in identifying current fraud trends, and 

provide them with the necessary skills for conducting interviews where fraud may be present . . 

The focus of the courses will include providing the ISOs with the knowledge and guidance to 

make reasonable determinations with respect to identifying fraud, making the appropriate 

referrals to Fraud Detection and National Security (FDNS) and using the correct process in 

-~~ ----- ~-nquesting support frgm f.<:DNS er.ations .----------- ----. 

 

Appendix B 

Managements Comments to the Draft Letter Report 

5 
 
I The U.S Citizenship and Inunigration Services' Adjudication of Petitions for Nonimmigrant 

Workers (1-129 Petitions for H-IB and H-2B visas) - For Official Use Only 

Page 2 

Recommendation' 2: Ensure that this fraud training is conducted annually for alllSOs and 

supervisors responsible for 8-1B and 8-2B adjudications. 

USCIS response: USCIS concurs with this recommendation. Once the post-basic fraud courses 

for ISOs are developed and implemented, users will begin the necessary steps to ensure that 

ISOs receive this training on an annual basis. 

Currently, ISOs sustainment and refresher training is held at Center Training Units in the Service 

Centers, where fraud training is conducted by instructors from the Center Fraud Detection 

Operations (CFDO). The training provided by CFDO instructors includes infonnation on any 

identified fraud trends and patterns, and discusses fraud indicators that the ISOs should look for 

during the adjudicative process. CFDO instructors confirm that if the ISO identifies fraud l 

indicators, suspicious patterns, or trends during their review of cases, the ISO must refer this 

infonnation to the CFDO for fraud review and processing. 

USCIS does note that ISOs are not FONS Immigration Officers 00), and thUs do not hav~ the 

same FONS fraud training as an 10. ISOs nonnally will only make a finat finding of fraud when 

supported by the FONS findings as contained in the FDNS Statements of Findings, ISO fraud 

training prepares ISOs to recognize potential fraud and instructs the ISO on how to articulate 

their suspicion of fraud when making a referral to the CFOO. 

J 

Appendix B 

Managements Comments to the Draft Letter Report 

6 
 
Appendix C 

Major Contributors to this Report 

Richard T. Johnson, Director, Immigration and Enforcement 

Michael Talevi, Audit Manager 

Bradley Mosher, Audit Manager 

Paul M. Streit, Audit Manager 

David DeHaven, Auditor-in-Charge 

John C. Chamberlain, Program Analyst 

Peter Christopher, Program Analyst 

Marissa Weinshel, Program Analyst 

David Lu, Referencer 

7 
Appendix D 

Report Distribution 

Department of Homeland Security 

Secretary 

Deputy Secretary 

Chief of Staff 

Deputy Chief of Staff 

General Counsel 

Executive Secretariat 

Director, GAO/OIG Liaison Office 

Assistant Secretary for Office of Policy 

Assistant Secretary for Office of Public Affairs 

Assistant Secretary for Office of Legislative Affairs 

Office of Management and Budget 

Chief, Homeland Security Branch 

DHS OIG Budget Examiner 

Congress 

Congressional Oversight and Appropriations Committees, as 

appropriate 

8 
ADDITIONAL INFORMATION AND COPIES 

To obtain additional copies of this report, please call the Office of Inspector General (OIG) at (202) 254-4100, 

fax your request to (202) 254-4305, or visit the OIG web site at www.dhs.gov/oig. 

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