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

February 25, 2022
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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.

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