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  1. #1
    Join Date
    May 2012
    Posts
    3

    Default B1 Visa Misuse

    Hi There,
    I am an Indian citizen, was employed with a US based MNC as a IT manager in one of their Indian facility (India Pvt. Ltd.). Last year I escalated my concerns about misuse of US B1 VISA by my organization to senior executives but I ended up being plotted in a false petty allegation and was terminated. I have filed a petition with Indian judiciary and intend to file the same with US law too.

    My organization sends employees on B1 visas to U.S. for specific full-time job at their US office. All these associates travelling on B1 do coding and other full time technical job during their US stay. Earlier they used to pay these employees 38$ + Airfare, stay, cab and phone expense. Now they have increased it to 100$ + Airfare, employee has to take care of their stay and other things by their own.

    They hardly send anyone on H1 or L1 (May be 1 in 100) instead people used to travel on B1 and even now if they are not getting as many new B1 VISA they send same people repeatedly who already have valid B1 VISA.

    Key documents/emails which I can share are;

    1. Email chains with US managers on travel planning for the team members and why we need them in US.
    2. Emails on assigning/tracking work assignments of associates during their US travel and stay.
    3. Travel Authorization forms Signed by Managers, Directors and CIO. (Travel Auth are Internal documents and some of them has actual reason of travel as work)
    4. Visa Invitation Letters prepared by US Managers. (Some of them clearly contradict the Travel Auth Letters)
    5. Communication mails from admin/HR guys on what to say and what not to say during B1-Visa interview.
    6. Also have a email where one of the IT Director and US Manager were discussing the content of the "Travel Auth Form", US Manager has entered that the associate travelling to US will be working but our Director wanted to change it to training.

    Can anyone guide or help me with this case. What are the formalities required and if an Non-US citizen can file a case with US law.

    Thanks,

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: B1 Visa Misuse

    It sounds as if the functions they are performing fall within the guidelines of the visa.

    http://www.workpermit.com/us/employer_b1_b2.htm

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: B1 Visa Misuse

    If you believe you have grounds to report visa violations, you can try reporting your suspicions to ICE.

  4. #4
    Join Date
    May 2012
    Posts
    3

    Default Re: B1 Visa Misuse

    Thanks Mr. Knowitall..... Do you hav any idea if I can file a petition with US law on the same or reporting it thru ICE would make more sense?

  5. #5
    Join Date
    May 2012
    Posts
    3

    Default Re: B1 Visa Misuse

    please guide me, how should I go about it?

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: B1 Visa Misuse

    ICE enforces U.S. immigration law. You have already been provided with a link.

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