Immigration scams in 2025–2026: how not to get trapped with EB-3, EB-2 NIW, H-1B or asylum
Around U.S. immigration from the CIS region there is now a huge “grey market”: fake employers, pseudo-lawyers, “lottery helpers”, sellers of ready-made EB-2 NIW packages and agencies promising a green card for any amount of money. At the same time the rules are getting stricter, annual quotas are sometimes exhausted, and USCIS as well as consulates are increasing scrutiny.
We will focus on how to verify employers, attorneys, “consultants”, recruiters and websites that advertise immigration services. Special attention goes to people who are already inside the U.S. and are considering a status change or a green card strategy.
Who is most at risk
The highest-risk group includes applicants for working programs (EB-3, H-1B), candidates for EB-2 NIW with weak or artificially inflated profiles, and people looking for a “shortcut” via marriage, asylum or investments with minimal document checks.
What is really at stake
Working with scammers is not only about losing money. Often it leads to forged documents, fake job offers or false information in USCIS forms. In the worst case a person gets a denial, a bar on admission or suspicion of willful misrepresentation.
Any investment into a second opinion and thorough due diligence is always cheaper than trying to fix the consequences of a fraudulent “service”.
In the following parts we will cover:
How people are tricked on their way to the U.S.
Immigration fraud rarely looks like an obvious scam. In most cases it is a mixture of truth and fiction: a real visa category but a fake employer; a licensed attorney in the background but hidden payments to third parties; a lawful status such as F-1 combined with a completely fabricated asylum story.
1. Fake employers and “modern slavery” under EB-3
One of the most common schemes targets EB-3 for unskilled or low-skilled workers: caregiving, warehouses, construction, hotels. The marketing promises a “dream job” and a fast green card, but:
- the so-called employer is an empty shell company with no staff or turnover,
- the wage in the contract is below realistic market or legal minimums,
- working conditions drastically change after arrival,
- part of the salary is demanded back as “sponsorship reimbursement”.
In the worst scenarios documents are filed with serious defects, and any complaints from the worker are answered with threats: “we will cancel your case and you will be deported”.
2. “Guaranteed” H-1B and “no-loss lotteries”
For IT specialists a popular myth is the “guaranteed H-1B”: agencies promise a lottery spot, an employer and almost certain approval. Watch out for the following:
- you are charged a large upfront fee “for lottery participation”;
- the employer is not named or they refuse to show its website and corporate details;
- they claim to “bypass quotas” thanks to special internal programs.
In reality no one can guarantee selection in the H-1B lottery or approval of the petition.
3. Conveyor-belt EB-2 NIW cases
EB-2 NIW has created a market of template cases: “buy a complete package”, “we write all articles and recommendation letters for you”, “full set in 3 weeks”. The problem is that:
- documents do not reflect the real profile and achievements of the person,
- letters of recommendation are written by people who never worked with you,
- business plans are copy-pasted from other cases.
As scrutiny increases, such cookie-cutter cases get more RFEs and denials, while the applicant often does not even understand what they have signed.
4. Pseudo-lawyers and “asylum story writers”
Another high-risk category are people who pretend to be lawyers but have no license. They sell “perfect asylum stories”, coach you on “correct answers” and insist that “right now everyone with your topic gets granted”.
Typically such consultants:
- ask you to sign blank forms,
- file documents without showing you the final text,
- delay or hide copies of forms and USCIS notices.
How to verify that an EB-3 or H-1B employer and offer are real
Step-by-step algorithm for checking an employer
Any legitimate U.S. company leaves a digital footprint: state business registry, tax records, a website with an address and contacts, profiles on professional platforms. If you cannot find independent confirmation that the company exists, that is a strong reason to be cautious.
For H-1B and most EB-3 roles, the wage cannot be arbitrary: it must meet or exceed prevailing wage levels for the occupation and location. A suspiciously low salary is a sign that the employer either does not understand the rules or is not planning to comply.
If there is no real information beyond a one-page template website full of generic phrases, you may be looking at a “shop window” rather than a functioning business. It is especially risky when an “agency” claims to work in construction, logistics, IT and hospitality at once.
The employment contract must not contain hidden “sponsorship fees”, obligations to pay back part of the salary or penalties for refusing to work after arrival. Such clauses are red flags that the arrangement may violate labor and immigration laws and could jeopardize your green card later.
- you are asked to pay visa or petition fees directly to the employer;
- the company refuses to sign a written contract before the visa is issued;
- no one asks technical or job-related questions at the interview — only how you will pay;
- they promise to “bypass quotas” or “speed up approval” through connections;
- no résumé, no references, but an “ideal position” is guaranteed.
The more of these signals you see, the higher the chance you are dealing with a scheme built either for your money or for cheap, easily controlled labor.
How to distinguish a licensed immigration attorney from a pseudo-consultant
Essential steps when choosing a representative
- Ask for full name and licensing state. A licensed attorney has a state bar number and a public disciplinary history.
- Check who exactly signs your forms. Immigration forms should not be filed in your name by a “consultant” acting as an attorney without a license.
- Demand a written retainer agreement. It must spell out the scope of work, timelines and fee structure.
- Look at real specialization. One person who supposedly “handles” asylum, marriage cases, EB-1, EB-5 and corporate compliance all at once is unlikely to provide deep expertise.
You are entitled to ask the attorney to explain the strategy in plain language, show a rough plan and outline key risks. If the only answer you get is “just trust us and pay”, that is a warning sign.
Comparison: attorney, consultant, fraudster
| Who | Signs of legitimate work | Risks for the client |
|---|---|---|
| Licensed attorney | State bar license, public profile, written contract, transparent fee structure. | There is always risk of error, but the client has tools to complain and hold the professional accountable. |
| Immigration consultant | Helps fill out forms under your direction, without legal advice or representation in court/USCIS. | If a consultant effectively plays the role of attorney, they are acting beyond their authority. |
| Fraudster | No license, no contract, payments only in cash or to personal accounts. | High risk of forged documents, false statements in forms and long-term bars on admission to the U.S. |
Online red flags on immigration websites and ads
What to look for when you see an ad for a “fast green card”
- Promises of 100% approval. No attorney or company can guarantee the outcome — the decision always belongs to USCIS or a consulate.
- No legal information. The site lists no attorney names, licenses or office address — only a payment form and messenger contacts.
- Pressure and artificial deadlines. You are told it is “today only”, “last places left”, “the program closes next week”.
- Complicated or unusual payment methods. Payment is accepted only in crypto, to personal accounts or via anonymous services.
- Imitation of official government resources. The website imitates colors, seals and layout of a government site but belongs to a private company.
The more aggressive the advertising and the less transparency about the legal side, the more likely you are dealing with marketing, not with professional immigration guidance.
Chart: which scam types clients complain about most often
The doughnut chart below shows an illustrative distribution of the most common scam patterns mentioned by clients seeking a second opinion: from fake employers to copy-cat government-looking websites.
What to do if you already paid scammers or doubt your case
Step-by-step action plan
-
Collect all documents and correspondence.
Save contracts, receipts, chats and emails. Do not delete anything even if you feel embarrassed: these records are crucial evidence for an attorney, your bank or law-enforcement agencies.
-
Find out what exactly was filed in your name.
Ask the current “representative” for copies of all petitions and forms submitted to USCIS or a consulate. If they refuse to provide them, that is another strong red flag. When necessary, a new attorney can request copies directly.
-
Get an independent second opinion.
Contact a licensed immigration attorney who has no connection to the company that handled your case. The goal is not only to “correct documents”, but also to assess whether fraud or misrepresentation has occurred, which can affect any future immigration benefits.
-
Document the financial side.
If you paid through a bank or payment platform, keep statements and details of the recipient. They may help with a chargeback attempt or a fraud report.
-
Do not sign new papers “to fix everything” blindly.
Scammers often propose “quick fixes” and push new forms and agreements. Do not sign any text that you have not read carefully and discussed with an independent professional.
When it is still possible to change course
In many situations people realise something is wrong before the interview or a final decision. Typical moments include:
You have just signed the contract. At this stage you may still renegotiate terms, ask for partial refund or terminate the agreement entirely.
Documents are filed but pending. It is crucial to understand what was submitted and evaluate the risks: sometimes it is safer to openly explain the situation and adjust the strategy than to stay locked into a scenario built by scammers.
You received a suspicious denial or an RFE. This is exactly when a second professional opinion can clarify whether an appeal, a re-filing or a change of category makes sense.
Bottom line: a strong immigration strategy is not built on promises of a “fast green card”, but on a realistic assessment of your profile, transparent documents and cooperation with vetted professionals. The more you know about typical fraud patterns and red flags, the harder it is to drag you into questionable projects — and the better your chances to reach lawful and sustainable status in the U.S.
Where to verify information and report immigration fraud
Below is a non-exhaustive list of official U.S. government resources and institutions you can use to verify information, read current rules and file complaints if you encounter immigration fraud.
-
USCIS – Scams, fraud and warnings for applicants.
Official alerts, anti-fraud guidance, information on authorized representatives and contact options.
https://www.uscis.gov/scams-fraud -
USCIS – Unauthorized practice of immigration law.
Clarifies who may represent applicants, what “authorized representative” means, and how to file forms yourself or through an attorney.
https://www.uscis.gov/avoid-scams/unauthorized-practice-of-immigration-law -
Federal Trade Commission (FTC) – Fraud reporting.
Portal for reporting financial and immigration-related scams, including online services and pseudo-consultants.
https://reportfraud.ftc.gov -
U.S. Department of Justice (DOJ) – Civil Rights Division.
Information on protection from discrimination, exploitation and abusive practices by employers toward immigrant workers.
https://www.justice.gov/crt -
U.S. Department of State – Visa information and fraud alerts.
Sections on non-immigrant and immigrant visas, instructions for applicants and fraud warnings.
https://travel.state.gov -
State bar associations (attorney licensing bodies).
Databases of licensed attorneys, disciplinary history, and complaint procedures. To verify an attorney, search the bar of the state where they are licensed.
Examples: www.calbar.ca.gov, www.nysba.org -
State business registries (Secretary of State or equivalent).
Official corporate registries where you can confirm whether an employer is actually registered, active and in good standing.
Search by phrase like “{state name} secretary of state business search”.
Using these resources together with common-sense checks and professional legal advice helps you filter out questionable offers early and build your immigration strategy on verified, up-to-date information rather than on sales pitches.
