USCIS Takes Action to Combat H1B Lottery Fraud and Ensure a Fair Application Process

Earlier this year, it was reported that certain companies seemed to be attempting to manipulate the H1B lottery, with an estimated 100,000 applicants submitting multiple entries last year. In response, USCIS is taking steps to ensure a more secure H1B application process and maintain fairness in the H1B lottery for all participants.

As an initial measure, USCIS continues to mandate that every potential petitioner sign a declaration confirming the accuracy, completeness, and truthfulness of the information provided, and that the registration pertains to a valid job offer. Additionally, the declaration asserts that the registrant or submitting organization has not collaborated with another registrant, petitioner, agent, or entity to unfairly and unlawfully increase their chances of H1B selection.

If USCIS determines that any part of the signed declaration is false, they will deem the H1B registration improperly submitted, rendering the petitioner ineligible to file a petition based on that registration. Moreover, the petition may be denied, or approval of a petition may be revoked by USCIS. In some cases of H1B fraud, these measures can extend further.

If necessary, USCIS may refer the entity responsible for the false declaration to a federal law enforcement agency for investigation and potential prosecution. Naturally, this provides little comfort to those whose H1B applications were not chosen in the last lottery due to H1B fraud.

USCIS has not yet specified what actions, if any, will be taken for applicants who were impacted by the nearly 100,000 entities that submitted multiple H1B applications during the most recent lottery.

The agency does mention that they have conducted fraud investigations and denied and revoked numerous petitions, referring some applicants to law enforcement. USCIS also notes that they are working on implementing an H1B modernization rule designed to decrease H1B registration fraud and misuse. However, the specifics of this rule have not yet been disclosed.

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