EB1C GC Fraud hindering the EB2 & EB3 priority date movement.
Effect of EB1-C GC Fraud on EB2 & EB3 PD movement.
Note: This website doesn’t contain any ads and my intention is not to generate revenue from clicks. It's also not promoted by any company or law firm. I put together details to help the EB2 & EB3 backlog and bring the awareness. I am also one of the backlogged victims of EB2. I worked for a multinational company that did fraud on EB1C. I know how they do fraud and bring the developers on L1A and EB1C.
About this
This content is for all EB2 & EB3 green card filers regardless of their priority dates. This is to save them from the EB1-C green card fraud. This is stopping all the vertical spillover of visa numbers to EB2 and hindering the movement of priority dates.
We suggest important action item to you all on how to report this fraud to USCIS on their website. Guidelines were provided below. They do not take any personal details of you. So you are safer side and report any EB1C fraud happening in your company.
We start with basics on EB1C and how the spillover of visa numbers work.
What is EB1-C GC?
An EB-1C visa is the third category in the first preference, employment-based visa. EB-1C visas are for certain multinational mangers or executives. This is the green card visa for highly skilled workers. EB1 category is also called Einstein visa. Now you know the importance of this category and who can qualify this visa.
How the multinational companies doing fraud on this EB1-C GC category?
They start this visa fraud with L1A visa. Because H1 visas are limited they bring the developers on L1A visa by projecting them as managers and reporting wrong organization structure.
Once they reach to the 6 years limit on L1A visa they try to sponsor them green card under EB1-C category so that they still can get billing from the client. Here that means normal developers getting visa in 6 months under EB1 while others waiting for decades in the line.
Sometimes they just bring the timesheet approvers as mangers and sponsor them EB1C. They are just unskilled and non-technical people who just allocated resources to projects and approves timesheets here at onsite.
Why EB2 & EB3 need to worry about this fraud?
Because of the fraud, EB2 & EB3 not getting any spill overs from EB1. From decades we are getting only default quota of 2800 green cards for EB2. This is causing the EB2 & EB3 categories to wait for decades for the green card. Otherwise EB2 PD would have been in 2019.
Refer this Q3 on FAQS for complete details on how the country quota and spillover works for the employment bases green cards.
Examples of EB1C fraud that happened in the past.
- TCS sponsored a person L1A manager visa and assigned a project at client location in California. The person was working as developer whole the time at the onsite location. They reported wrong team structure saying that 5 employees working under him and he is manager. After few years the company to sponsor EB1C and he got GC in 8 months.
- In Ohio state a developer worked for sometime in Accenture on L1A and went to offshore. He demanded that he join the onsite project only if they sponsor EB1C GC. Company sponsored GC in EB1C by documenting that he is manager at offshore even though he is not. He got GC now and still working as a developer.
- In Florida state, a medium sized company brought a person on EB1C GC. He is not technical and just doing allocating employees to the client. He wanted to switch to different company for better salary but no one is ready to offer even 90K based on his skills. His co-brother who works for Amazon and gets around 300K still waiting for decades in line for GC.
- Wipro sponsored a developer L1A visa and EB1C GC. He got GC and he is citizen now. Still he is working as developer in that same client location.
How can I report this fraud to USCIS?
The fraud happening now or that happened in the last 10 years can be reported to USCIS. It doesn't matter if the beneficiary got GC already. In your company please keep an eye on these people from the companies like Cognizant(CTS), TCS, Wipro, Infosys, Accenture, Delloite and etc. Report even if you hear anything from your friend's company. Bare minimum try to get the company name and location.
- See if any one came to USA on L1A visa and still work as developer in the team. L1A visa is only for managers.
- See if companies report any wrong organization structure to sponsor L1A or EB1-C. That means they just show other developers from their company as direct reporters to that candidate even though they are not reporting to them.
Please gather all details like their names, manager names, location of work and explain how the fraud happened there.
Report the fraud at USCIS website https://www.uscis.gov/report-fraud/uscis-tip-form
Send email/letter to your congressman & senators
Send email/letter to your congressman & senators to remove international manager category from EB1
Instructions on how to do:
- Go to https://www.congress.gov/members/find-your-member to find your congressman & senators based on your zip code. There will be two senators and one congressman based on your zip code.
- Follow their contact link for their corresponding website. Usually they ask to enter the details of your concern on their website.
- Send this letter to their office address or fill their form on website or email them.
To
The honorable (Congressman or senator name)
US House of representative (or US Senate)
Washington DC.
[Date]
RE: Request to remove the international manager subcategory from employment based first category of green cards.
Dear Representative ( Or Senator )
The international manager subcategory of employment based first preference category (EB1) adds no value to immigrate the suitable talent that is meant for the EB1 category. The EB1 category is meant for extraordinary ability of immigration.
Change is needed to remove the international manager subcategory from EB1 so that only the people with extraordinary ability can utilize the category and immigrate to the USA. Because of globalization already there are a lot of American managers who are also experienced in managing international resources. It also helps the backlogged other skilled employment based categories.
Sincerely,
[Name]
[Address]
Find your house member & send email or letter.
Sign this change.org petition
Sign this change.org petition to remove the international manager subcategory from EB1.
Goal is to get as many signatures as possible.
Petition content
The international manager subcategory of employment based first preference category (EB1) adds no value to immigrate the suitable talent that is meant for the EB1 category. The EB1 category is meant for extraordinary ability of immigration.
Change is needed to remove the international manager subcategory from EB1 so that only the people with extraordinary ability can utilize the category and immigrate to the USA. Because of globalization already there are a lot of American managers who are also experienced in managing international resources.
The international manager subcategory leaves scope for some multinational companies to misuse and bring their unskilled employees to the USA. As the H1B visas are limited, these companies try to sponsor EB1C green cards to their employees by reporting wrong organization structure.
Telegram group
Join this telegram group for further discussion on how to prevent this EB1C fraud.
Important action items
Report EB1C fraud to USCIS
Find and report EB1C fraud to USCIS. Its anonymous. See this section for the details.
Send letter to your house member
Send email/letter to reps to remove international manager category from EB1
Sign this change.org petition
Sign this change.org petition to remove the international manager subcategory from EB1.
Tweet this petition
Tweet the petition by tagging USCIS, USCIS director, popular useful law firms & people.
Join the telegram group
Join this telegram group for further discussion on how to prevent this EB1C fraud.
EB2 & EB3 retrogression warning
There was a warning much before about this EB2 & EB3 retrogression on Mar 2022 on Trackitt
Here is the content of the Trackitt thread waring on visa retrogression given on Mar 2022.
This thread is applicable to EB2 & EB3. Covid era is over. EB1C abuse is increasing from IT companies like TCS, Wipro, Infosys, Accenture, Delloite, Cognizant(CTS) & etc., and they are making use of current excessive EB numbers. This stops spillover to EB2. This thread mainly focuses on stopping and reporting EB1C fraud by unskilled L1A visa holders and companies. EB2 & EB3 dates do not move until EB1 fraud is stopped. PLEASE PLEASE report the fraud ( if you know of any from your company or friends ) here on USCIS website. It is anonymous and they do not take your personal details. Act now instead of blaming your fate.
https://www.uscis.gov/report-fraud/uscis-tip-form
The fraud is starting from filing L1A with the wrong organization structure. They are simply projecting candidates as managers by including other team members as their subordinates. Most of the L1As are not in manager roles and just team members. Same fraud happened while applying for GC also.
I explain to you the future danger of Eb2 & EB3 visa retrogression. People from years PD 2012+ are at this danger. USCIS keeps on moving the priority dates without processing the previous year PD applications. Ex: Some people in Q4 of 2013 can GCs but people who downgraded to Eb3 got stuck at SRC. Because they are not processing GCs in PD order, people before Q2 2012 will still be waiting after Oct 2022. From the next year we get only the default quota of 2800 green cards for EB2 because there will be no spill over and ROW demand increases to the pre-pandemic era. If 10,000 people with PD 2011 get stuck this year, it takes 3 years to fill those numbers with a default quota.
USCIS processing delays are increasing and a huge number of Ukraine refugees are expected and it further increases USCIS processing delays. Last year Afghan refugees caused increased processing delay of EB2 & EB3 applications and they wasted a lot of EB numbers.
The current administration started fast processing of family and other non-immigrant visa applications by waiving visa interviews. So all doors are closed for next year on spillover visas from FB to EB.
We are at mercy of EB1C abuse. No hope in passing any bill that removes the country cap or any other similar bills. So the only hope for EB2 & EB3 is working together and focusing on reporting any misuse of EB1C. This is a late wakeup call. They were misusing this from last decade and we lost a huge number of EB1 to EB2 spillovers. On average EB1C has 30000 applicants including dependents. Each EB1 has at least 3 dependents with a spouse and two non USA citizen children. If you take the visa abuse count from last decade the abused numbers can easily fill the EB2 & EB2 numbers till 2019.
There are a lot of people waiting more than 15+ years in EB2 & EB3. Most of them have masters degrees from reputed universities and have grown as IT architects, managers and directors in the last 15 years. They are more skilled than EB1C abusers. Simply the untechnical/unskilled people from companies who are just team members and resource allocators are cutting the line and stealing the Einstein visas. Most of them do not ever have an opportunity in other companies to get 80K salaries where people from FANG companies getting 350K are waiting in the GC line. Actually the EB1C is for international executives.
Historic consumption of EB1-C
Source - DHS Year Books & Visa stats
Estimating India EB2 PD movement
Key Numbers
Updated 10/30/2012
The estimation is based on the pending 485 applications and ROW & EB1 demand that was released in the recent USCIS ombudsman call.
India EB2 485 pending 40K (Includes spouse)
India EB3 485 pending 25K (Includes spouse)
Available GCs available for FY 2023 197K
EB1 Pending 485 applications 46K (Including all sub categories & countries)
EB2 ROW 485 pending 40K (Excluding China & India)
China quota 4K
India quota 4K
As per telegram polls there are 10% duplicates in India EB2 & EB3 485 applications.
Based on the ROW and EB1 demand there will very chance of spillover and hardly will be 2K.
As per surveys there are 11K applications pending in with PD 2012. So the dates hardly may move to end of 2012 this year.
From the next year we will be defaulted to 2800 per year because of no family spillover. So the dates will linger around the Q1 of 2013 for next 5 years.
Best case estimate
This assumes there will be no new applications after 10/30/2022 from ROW & EB1 and that is highly impossible.
Total 140K+57K FB Spillover = 197K Visa available for FY22/23.
EB1 = 28.6% of 197K equals to 56,342
EB2= 28.6% of 197K equals to 56,342
EB3= 28.6% of 197K equals to 56,342
EB1= 56,342 (total Visa) - 46,000 (including all sub-categories and countries) = 10K (1st Spillover)
EB2= 56,342 (total visa)- 40K (EB2 ROW)- 3943 (China) - 3943(India) = 8K (2nd Spillover)
EB2 India: 3943+8K(2nd Spillover from EB2) +10K (1st Spillover from EB1) = 23K Visa
As per telegram polls there are 28% pending in 2012 & below, 30% in 2013 & 41% in 2014. The duplicates will be offset by new 485 application who were not able to apply during previous years because of employer change. So duplicates were not counted.
Best case to worst case estimation based on spillover.
Estimating India EB3 PD movement
Pending India EB3 per year.
Historically it is hard to get spill over for EB3.
Combined EB2 & EB3 estimation assuming people jump the lines and dates move in parallel
As per telegram polls there are 28% pending in 2012 & below, 30% in 2013 & 41% in 2014. The duplicates will be offset by new 485 application who were not able to apply during previous years because of employer change. So duplicates were not counted.
Combined estimation.
Please share your additional thoughts
Please share your additional thoughts and forward to other groups and friends.
Finally please share your additional valuable thoughts on how can this fraud be prevented. Please educate your friends and colleagues and forward to other groups and friends.
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