Memo of Understanding Between USCIS and DOJ to Better Detect Fraud and Abuse

Recently, the Employee Rights Section (IER) of the U.S. Department of Justice (DOJ) and the Fraud Detection and National Security Directorate (FDNS) of the U.S. Citizenship and Immigration Services (USCIS) announced a new memorandum of understanding (MOU) regarding information sharing for interagency referrals. This apparently is designed to better detect and eliminate fraud and abuse within the U.S. immigration system.

Discrimination Against U.S. Workers and Abuses in the Visa Application Process

The new MOU has been created specifically to address employers that potentially misuse or abuse the employment-based immigrant and nonimmigrant visa programs in a manner that discriminates against available and qualified U.S. workers in violation of applicable laws and regulations. It also is intended to address employers that may have violated applicable statutes and regulations while seeking employment-based immigrant and nonimmigrant visas on behalf of their workers and potential workers.

Identifying Data and Reporting

Each respective agency will provide the other with information expected to be helpful in stamping out abuses. This includes the names, addresses, and types of immigration benefits associated with employers. These data types will be identified by June 25, 2018. Thereafter, each agency will provide monthly updates on these data types to its counterpart.

Conclusion

This MOU does not represent any change in immigration rules or regulations. Rather, it is part of the continued effort to target bad actors.

 

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Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.
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