USCIS cracking down on multiple H-1B CAP registrations submitted for the Fiscal Year 2023

November 1, 2022
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USCIS has recently been issuing Notice of Intent to Deny (NOID) on H-1B petitions where multiple registrations were submitted through multiple companies. These NOID has been specifically issued 1) where the multiple registrations were done through related companies and 2) where the same set of registrations was submitted through different unrelated companies. The USCIS has been alleging fraud and misrepresentation on the employers who submitted multiple registrations. USCIS, in its NOIDs have mentioned that they have searched the public records and found that companies were related either by common ownership or familial relationship or even common registered agents.  Further, where multiple unrelated companies submitted the registrations for the same set of beneficiaries, USCIS finds that these unrelated companies have acted in concert to commit fraud.  The USCIS has alleged fraud and misrepresentation in such cases as the regulations prohibit submitting multiple registrations to unfairly increase the chances of selection. When the employer submits the registration, they attest under the penalty of perjury that registration is legitimate and that they have not colluded with another employer to submit a registration to unfairly increase the chances of selection of the beneficiary(ies). To prevent multiple registrations for the same beneficiary, USCIS has added this new attestation requirement this year. If the USCIS finds that the attestation is false, not only that the H-1B petition will be denied, but also the USCIS may refer the individual or employer to appropriate federal law enforcement agencies for investigation and further criminal actions. As of now, our office has not received any information on any criminal action taken against employers who filed multiple registrations. Since these investigations are in the early stages, we expect to see more actions from the USCIS soon. The USCIS issued statistics confirming that more than 48,000 prospective petitioners submitted 483,927 registrations—an approximate 57 percent increase over the number of registrations submitted in the FY 2022 filing season. USCIS selected 127,600 FY 2023 registrations in the initial lottery, representing roughly 26 percent of the total registrations. About 31 percent of all eligible registrations requested consideration under the advanced degree exemption.

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