The U.S. Citizenship and Immigration Services (USCIS) revealed this Sunday an irregularity in an H-1B visa petition in Florida that would have allowed a reduction of approximately $40,000 in the salary for the position by stating experience requirements lower than those actually needed.
The agency reported the case on its official X account, where it explained that the petition indicated that the job required two years of experience, but the end client confirmed to the officials that it actually required more than seven years.
The difference was significant: according to USCIS, declaring a lower experience requirement would have reduced the applicable salary level for the position by around $40,000.
According to USCIS, after the discrepancy was discovered, the petition was withdrawn and subsequently revoked.
USCIS publicized the case as part of its "Protecting American Workers" campaign, through which it is highlighting investigations and actions related to the enforcement of H-1B program rules.
Why do years of experience matter?
requires employers to pay foreign workers a salary that corresponds to the position and its characteristics. The system includes four salary levels, which take into account factors such as experience and the complexity of the job.
Therefore, stating that a position requires less experience than it actually does can help justify a lower salary level.
In the case detected in Florida, the difference between the declared requirements and the actual ones was more than five years of experience, which, according to USCIS, is enough to create a wage gap of approximately $40,000.
The action comes amid increased federal scrutiny of the H-1B program and its potential abuses.
In February 2026, a reform of the H-1B visa selection system came into effect, replacing the completely random lottery with a weighted system based on salary levels, providing greater chances of selection for applications related to higher-paying jobs.
The H-1B program allows U.S. companies to temporarily employ foreign workers in specialized occupations that typically require a university degree. The United States issues 65,000 H-1B visas each year, in addition to another 20,000 set aside for certain workers with advanced degrees obtained from U.S. universities.
Those seeking information on legal pathways to work in the United States can explore the various options available according to their immigration profile.
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