The H1B Visa is a highly sought-after temporary work visa, and the demand for it has been extraordinary in recent times. For the fiscal year (FY) 2023, a staggering 484,000 H1B registrations were submitted—and an even more astounding 781,000 registrations were seen for FY 2024.
Because this extraordinary level of demand for H1B visas has resulted in a highly competitive selection process, some individuals try to increase their chances in the H1B Visa Lottery by filing multiple registrations.
USCIS has taken action against those who committed fraud by submitting multiple registrations to improve their odds in the H1B Lottery to combat this issue. The agency has issued Notices of Intent to Deny (NOID) and H1B revocation notices for such cases.
In this blog, we explain the actual rule, what is considered fraudulent behavior, and the actions USCIS can take when fraud is discovered.
Are Multiple H1B Registrations Allowed? What Constitutes Fraud?
As a general rule, filing multiple H1B Registrations through unrelated employers is technically permitted. However, the key requirement is that these companies must be legitimate, and the job offers must be genuine.
Sadly, it is common for IT body shops to exploit this rule and attempt to file multiple registrations without genuine intent or valid job offers.
For instance, if an individual has job offers from both Google and Microsoft, both companies can legitimately file H1B registrations for that individual. This is acceptable and well within the rules. However, if two IT body shops attempt to file for the same job on behalf of their subsidiaries or different entities without a real job offer, they are engaging in fraudulent behavior, and this is where USCIS issues the NOID.
What actions can the USCIS take if fraudulent, duplicate registrations are found?
According to USCIS’s H1B Registration information, if multiple H1B registrations are filed for the same applicant with the intention to increase their chances in the H1B lottery or if an applicant collaborates with another company to do the same, USCIS will consider the registration as improperly submitted.
Consequently, USCIS may deny or revoke the H1B petition filed under such circumstances as it involves false attestation.
To hold employers accountable and deter such behavior, USCIS introduced an additional attestation during the submission process. By submitting the registration, the employers are legally affirming that they are not filing any duplicate registrations to unfairly enhance an applicant’s chances in the H1B lottery. The exact guidance from the USCIS website is provided on this page, under the section “Unfairly Increasing Chances of Selection.”
What happens to applications that are found to be fraudulent and/or misrepresented?
Individuals who filed multiple H1B registrations and received one of the aforementioned NOID letters have one last opportunity to prove that their registrations were submitted correctly.
Failure to demonstrate this will result in their H1B petition not being counted, leading to the loss of fees paid. Willful misrepresentation is a serious matter and can result in an individual being barred from entering the US under INA 212(A)(6)(C)(I). Full information can be found on the State Department website.
Are employers penalized, too?
The employer may also face consequences for fraud or misrepresentation. Federal agencies will scrutinize these companies and review their actions.
The importance of hiring an H1B visa lawyer in NYC
If you are in the process of submitting an H1B visa application for a prospective worker or if your prospective employer is seeking to secure your H1B status, the expertise of a proficient H1B visa lawyer in NYC can be instrumental in facilitating a seamless procedure.
An H1B visa lawyer in NYC can provide vital assistance in preparing and submitting visa applications, including the Labor Condition Application, which is a crucial part of the H1B process. They can help you ensure compliance with all regulations, provide legal advice, and represent you in legal proceedings. They also stay updated on any changes in immigration laws and can guide you on the ideal timing for application submission. Moreover, they can assist in responding to any requests from the USCIS for additional evidence and other such matters.
For reliable and professional legal help with your H-1B visa application, reach out to Berd and Klauss. Our team of immigration attorneys has extensive experience in navigating complex immigration procedures and can provide the guidance you need for your H-1B visa application. Talk to an H1B visa lawyer in NYC today.