USCIS has made changes to the attestation requirements to combat multiple H-1B registration issues.

February 25, 2022
USCIS on February 23, 2022, has added an additional attestation under penalty of perjury, that company certifies that the registration(s) reflects a legitimate job offer and that the company has not worked with or agreed to work with another company to submit registration on behalf of the beneficiary(ies) to unfairly increase the chances of selection of the beneficiary(ies) in the registration process. Though a beneficiary filing through multiple companies that are unrelated is permitted by USCIS, it has come to the attention of USCIS that some companies are acting in concert with other companies and registering the same beneficiary(ies) to increase their chances in the selection process.  In order to combat this abuse, USCIS has introduced the new attestation requirement. There will be consequences if the USCIS finds that the attestation was not true and correct.  If a company worked with another company to submit multiple registrations for the same beneficiary(ies) to unfairly increase the chances of selection for that beneficiary(ies), USCIS will find that the registration was not properly submitted.  If USCIS finds that the registration was not properly submitted, both the companies that submitted the registration will not be able to file the H-1B petition based on the selected registration.  USCIS could also deny or revoke a petition filed based on the false attestation. USCIS will also refer the company or the individual who submitted the attestation to appropriate federal law enforcement agencies for investigation and will have civil and criminal consequences. The new attestation requirement should deter companies from acting in concert and entering multiple registrations for the same beneficiary(ies) to increase their chances of selection in the lottery.

Related News

USCIS Launches Naturalization and Citizenship Certificate Redesign Pilot

On Jan. 22, 2018, four USCIS field offices and one service center will participate in a 10-day pilot to issue redesigned citizenship and naturalization certificates to U.S. citizens. The pilot sites are: Norfolk Field Office Tampa Field Office Minneapolis-St. Paul Field Office Sacramento Field Office Nebraska Service Center The redesign is part of an ongoing […]

Over 200,000 H-1B visa workers could lose legal status by June Concerns arise about “a catastrophe at a human level and an economic level” if visa issues aren’t addressed.

Manasi Vasavada has less than three weeks left before she loses her legal right to be in the country. The dental practice in Passaic County, New Jersey, where Vasavada, 31, has worked for almost two years closed its doors in mid-March due to Covid-19. She has been on an unpaid leave of absence ever since. […]

USCIS Announces Countries Eligible for the H-2A and H-2B Visa Programs

USCIS and the Department of Homeland Security (DHS), in consultation with the Department of State, have published the list of countries whose nationals are eligible to receive H-2A and H‑2B visas in 2018 The notice listing the eligible countries was published on Jan. 18, 2018, in the Federal Register. For 2018, Secretary of Homeland Security […]