USCIS Scrutiny Scaring Indians Filing H-1B Petition

The US aspirations of many H-1B applicants are pushed into an enigma due to the latest happenings. The US H-1B visa lottery is allegedly being abused by multiple registrations and the US Citizenship and Immigration Services flagged this up bringing on more scrutiny into the issue which further creates a tough time for the H-1B applicants from now.

The USCIS released the numbers of H-1B visa registrations for the year 2024 and it raised the concern of a large number of multiple registrations for eligible beneficiaries. It says many applicants trying to gain an unfair advantage on the H-1B lottery process by working with unscrupulous companies and consultancies with multiple registrations submitted on behalf of the same beneficiary.

The USCIS warns H-1B applicants that they should be signing an attestation, under penalty of perjury that all the information in the submission is complete, true, and correct, and also the registration reflects a legitimate job offer.

The USCIS wrote in ‘Measures to Combat Fraud in the Registration Process’ – The large number of eligible registrations for beneficiaries with multiple eligible registrations – much larger than in previous years – has raised serious concerns that some may have tried to gain an unfair advantage by working together to submit multiple registrations on behalf of the same beneficiary. This may have unfairly increased their chances of selection. We remain committed to deterring and preventing abuse of the registration process, and to ensuring only those who follow the law are eligible to file an H-1B cap petition.

We remind the public that at the time each registration is submitted, each prospective petitioner is required to sign an attestation, under penalty of perjury, that:

• All of the information contained in the registration submission is complete, true, and correct;
• the registration(s) reflect a legitimate job offer; and
• the registrant, or the organization on whose behalf the registration(s) is being submitted, has not worked with, or agreed to work with, another registrant, petitioner, agent, or other individual or entity to submit a registration to unfairly increase chances of selection for the beneficiary or beneficiaries in this submission.

Based on evidence from the FY 2023 and FY 2024 H-1B cap seasons, USCIS has already undertaken extensive fraud investigations, denied and revoked petitions accordingly, and is in the process of initiating law enforcement referrals for criminal prosecution.‘

The Indians who have been successful in getting H-1B visas allotted through the lottery are under the radar of greater scrutiny by USCIS. If the USCIS finds the attestation not true or not correct, the petition may be denied or revoked. Further, USCIS may also refer the individual or entity who submitted a false attestation to appropriate federal law enforcement agencies for investigation and further action.

The USCIS may take stringent action against the H-1B petitioners of they find evidence of collusion and multiple coordinated registrations. It is not just going to be a rejection but much more to it from now. This scrutiny and warnings from USCIS are scaring Indians filing H-1B peitions under multiple registrations.