The visa officer highlighted the abuse of the H-1B visa system, noting that many Indian nationals are using fraudulent credentials to enter the US. The officer argued that the increase in demand for H-1Bs has led to an increase in fraud and the displacement of skilled US workers in IT and STEM fields.
“Twenty years ago, I served as one of 15 junior visa officers at the U.S. Consulate in Chennai. We adjudicated thousands of visas a day in an environment where 70-90% of applicants sought to abuse the nonimmigrant visa system to live and work illegally in the U.S.,” Officer I Mahvash Siddiqui said in the Migration Center report.
Mahvash Siddiqui is a US Foreign Service officer with 21 years of experience in national security, foreign policy, and public diplomacy. She served in American embassies around the world. Mahvash has extensive experience in visa adjudication, including H-1B and other nonimmigrant programs.
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What are the problems with H-1B?
With reference to specific H-1B issues display systemshe said, “While we could deny most fraudulent applications, H-1Bs were different: They came pre-approved by the Department of Homeland Security (DHS), so denials were rare (~2 percent). Appeals required laborious legal notes after hours—few people had time to work and processed 200 visas a day.”
H-1B visas have become a major loophole for many Indian nationals aged 20-45 to enter the US with fraudulent or exaggerated credentials, crowding out skilled US IT and STEM workers, the officer noted. From 2005 to 2007, Chennai processed approximately 100,000 H-1Bs annually. Today, demand has climbed to more than 400,000 per year.
Using fake titles, forged bank details and more
The officer described the fraud as industrialized and highlighted the increasing use of fake diplomas, fake certificates and incorrect bank details. In Ameerpet, Hyderabad, entire markets were selling fake degrees, fake bank statements and forged marriage and birth certificates.
Many H-1B visa applicants who claimed to have computer science degrees lacked relevant course knowledge or programming skills; simple coding tests often revealed their lack of knowledge. Mahvash alleged that corrupt HR officials in India and the US helped create fake employment letters that allowed unqualified candidates to bypass verification processes.
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“A pervasive ‘halo effect’ favored Indian applicants, compounded by bribery and the cultural normalization of fraud. In the US, some Indian managers created insular recruitment networks, excluding Americans, protecting unskilled workers,” Mahvash argued.
Meanwhile, U.S. IT graduates who go through rigorous training programs have found themselves unemployed or forced to train their lower-paid H-1B replacements, she added.
A problem outside the IT sector?
The problem goes beyond the IT sector. Indian medical graduates, many of whom entered US residency programs on J-1 visas, end up practicing medicine in the country with skills inferior to those of American-trained doctors, Mahvash argued.
The problem with foreign students
International students use F-1 visas for academic study in the US. They often switch to OPT and H-1B visas, leading to employment in IT companies through Indian contacts, the officer noted.
“Similarly, F-1 visas allow foreign students to pursue academic studies in the US, often at elite Ivy League and other top universities. Many F-1 students later use Optional Practical Training (OPT) and H-1B visas to stay in the US, often being guided to IT companies through Indian networks,” Mahvash said.
What must politicians do?
Mahvash highlighted the urgent need to address the H-1B issue and made six policy recommendations —
- Suspend new H-1B issuances pending a full audit of the program.
- Strengthen background checks – carefully verify qualifications, skills and employment history.
- Prioritize US STEM graduates for hiring in sectors with available talent.
- Prohibition of nepotism/chain hiring practices that exclude Americans.
- Enforce fraud penalties – recent prosecutions prove that deterrence is possible.
- Expand on-site inspections to match program scope and risk
