USCIS Closely Watching Entries for the H-1B Visa Lottery
May 25th, 2023
In response to a significant number of H-1B visa lotter entries, and a number being multiple entries for the same prospective petitioner, U.S. Citizenship and Immigration Services (USCIS) has begun taking steps to combat fraud in the process.
Prospective petitioners (also known as the registrant) seeking to file H-1B cap-subject petitions are first required to register electronically. The electronic registration process is meant to streamline the process by reducing paperwork and data exchange.
With the electronic registration process, registrants and their authorized representatives – the people seeking to employ the H-1B workers subject to the cap – complete the registration process, which requires “basic information” about the registrant and each requested worker. The H-1B selection process is then run on only properly submitted electronic registrations, and only those selected are eligible to file H-1B cap subject petitions.
USCIS receives a giant number of electronic registrations for this process. During the registration period for the FY 2024 H-1B cap, USCIS received a total of 780,884 registrations, while only 110,791 (around 14 percent) were selected.
One reason for this high number of total registrations, according to USCIS, is that some of the beneficiaries held multiple eligible registrations, despite registrants being required to sign an attestation, under the penalty of perjury, that, among other things, “the registrant . . . 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.”
Should USCIS find that the attestation was false, they will find the registration to not be properly submitted and the registrant will not be eligible to file their petition. USCIS has already responded by undergoing fraud investigations, denying and revoking petitions that were found to be fraudulent, and even, in some cases, beginning enforcement referrals for criminal prosecution.
For More Information:
For more information on USCIS’s requirements for the H-1B visa lottery, their response to multiple electronic registrations, and why it matters, you can read the full announcement here.
This blog post does not serve as legal advice and does not establish any client-attorney privilege. Do not take any action based on the information contained in this post without consulting a qualified immigration attorney. If you have any questions, please do not hesitate to contact our legal team directly.