Work Visa - Sent to Fraud Protection Unit

[Kikay K 1]

Hi! I'm writing this for my friend. She had her interview on Sept. 14 for a work visa as a registered nurse. After her interview, she was sent to a fraud protection unit in the embassy and was seen by another consul, who told her that they'd just let her know of their decision later on. They still have all her papers and her passport.

Now, obviously, this could make someone go nuts. Going on 4 days and no news still. Does anybody have ideas on this? Is this a common practice at the embassy? What's the prognosis for my friend?

Thanks in advance!

[Pinay Wife 47]

There is no way to know how long an investigation could take. Below are possible reasons for suspicion of fraud in employment-sponsored petitions:

2. Employment-Sponsored Petitions:

a. Claim of False Experience As Skilled Worker:

Applications for labor certification with the Department of Labor and Immigrant Petitions for Alien Workers (Form I-140) include supporting documentation on prior experience in the Philippines, which is non-existent and false.

b. Non-existent Offer of Employment:

Another fraudulent practice is to have a prospective employer in the United States file a labor certification application for an offer of employment only on paper and not in reality, and a Form I-140 petition for an alien beneficiary in the Philippines.

Fraudulent claims and petitions cannot be tolerated, and can only haunt beneficiaries, who may ultimately be deprived of immigration benefits, when the fraud is discovered and the status revoked.

Edited September 18, 2010 by Pinay Wife

[Tahoma 2,292]

Is the USEM issuing work visas for RNs?

Was your friend sponsored by a business in the U.S.?

[Pinay Wife 47]

Is the USEM issuing work visas for RNs?

Was your friend sponsored by a business in the U.S.?

The US issues H1-B visa for specialty occupation like nurses. Hospitals or other medical care facilities are the petitioners.

[Kikay K 1]

Thanks, Pinay Wife! I've relayed your info to her. She doesn't fall under those two categories. Last night, she told me the details of her interview, wow, it's definitely the most difficult interview one could ever have. She was interviewed by the CO at 9, but she came out of the embassy after 4 pm! Based on her stories, it appears that the embassy has access to her Yahoo and facebook accounts. Is this possible?

[Pinay Wife 47]

It is against US laws to access another person's Yahoo account. It is possible that the privacy setting of your friend's FB account is open for all to see and of course that is accessible to anyone. Kaya parating advice is to be careful what you post on the internet because you don't know who is reading them.

Other possibility is may nainggit sa kanya and wrote the embassy a letter and made false accusations hence, the extra investigation.

[Tahoma 2,292]

The US issues H1-B visa for specialty occupation like nurses. Hospitals or other medical care facilities are the petitioners.

Hmmm...I thought the H1-B visas for nurses were in retrogression, meaning that they are not currently issuing any. Have you heard of any nurses who were issued an H1-B visa lately?

[Pinay Wife 47]

Hmmm...I thought the H1-B visas for nurses were in retrogression, meaning that they are not currently issuing any. Have you heard of any nurses who were issued an H1-B visa lately?

I'm not sure if what I'm saying is correct but, if you have a priority date prior to the retrogression, they continue to process the papers. There is one Pinay physical therapist who arrived here in October 2009 (not sure of her priority date). She was issued a H1B visa.

I also have a sister-in-law who is a nurse who applied in 2004 but was only able to leave in 2006 due to retrogression. She was supposed to leave earlier but was delayed for one year while waiting for visa to become available.

[Tahoma 2,292]

I'm not sure if what I'm saying is correct but, if you have a priority date prior to the retrogression, they continue to process the papers. There is one Pinay physical therapist who arrived here in October 2009 (not sure of her priority date). She was issued a H1B visa.

I also have a sister-in-law who is a nurse who applied in 2004 but was only able to leave in 2006 due to retrogression. She was supposed to leave earlier but was delayed for one year while waiting for visa to become available.

OK...I understand now. Thanks for your explanation.

I wonder how long ago the Kikay's friend applied for her work visa. I'll bet it's been a long wait. I hope her case gets out of the fraud unit soon.

Instead of earning Php10,000 per month in Pinas, she will be earning Php10,000 per day here in the U.S.

Edited September 19, 2010 by Tahoma

[Kikay K 1]

Oh, my friend did apply for an immigrant visa in 2007, but as you have said, it's on retrogression, and since she didn't want to wait indefinitely, she looked for another employer who offered working visa. She found one just this year, and the employer immediately petitioned her. She will not be working as a typical registered nurse rendering direct nursing care. She'll be a clinical coordinator. She has informed her previous petitioner (for the immigrant status) of her recent undertakings with this new employer, but the former didn't respond (hasn't been in touch with her for 2 years). Her new employer assured her that her prior petition wouldn't be a problem to them.

These two reasons (her immigrant visa application and her job title as clinical coordinator) plus the fact that she's the only employee being petitioned this year by that new employer have raised suspicions for fraud. I hope all these will get ironed out soon. She's held in so much suspense and she's utterly helpless.

Edited September 20, 2010 by Kikay K

[Pinay Wife 47]

I don't know a lot about H1B but hopefully the embassy can iron out the kinks. Good luck to her.