Combating Fraud in the H-1B Registration Process

Combating Fraud in the H-1B Registration Process

USCIS has taken measures to combat fraud in the H-1B registration process due to concerns about unfair advantages and potential abuse. The agency has noticed a significant increase in the number of eligible registrations for beneficiaries with multiple submissions, raising suspicions of collaborative efforts to manipulate the system. USCIS emphasizes its commitment to deterring and preventing registration process abuse, ensuring that only those who comply with the law are eligible to file an H-1B cap petition.

To address these concerns, USCIS requires each prospective petitioner to sign an attestation, declaring the completeness and accuracy of the registration information, the legitimacy of the job offer, and the absence of collaboration to unfairly increase chances of selection. Any false attestation will render the registration invalid, making the petitioner ineligible to file a petition based on that submission. USCIS also emphasizes its authority to refer individuals or entities who submit false attestations to federal law enforcement agencies for investigation and potential legal action.

USCIS has already taken action against fraud in recent H-1B cap seasons, including extensive investigations, denials, revocations, and forthcoming law enforcement referrals for criminal prosecution. Recognizing the importance of the H-1B program to the immigration system and the economy, USCIS is working on a modernization rule to enhance the H-1B registration process and minimize the risk of misuse and fraud. These efforts aim to ensure the integrity of the system while meeting the evolving needs of the U.S. labor market.

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USCIS has already taken action against fraud in recent H-1B cap seasons…