The US Citizenship and Immigration Services (USCIS) plans to modernize the H-1B registration process due to fraud and abuse by some companies. The H-1B visa allows US companies to employ foreign workers for speciality occupations that require theoretical or technical expertise. The USCIS has found that a small number of companies are entering the same applicants multiple times, artificially boosting their chances of winning a visa. USCIS has undertaken extensive fraud investigations and denied and revoked petitions, and is initiating law enforcement referrals for criminal prosecution.
The USCIS is committed to implementing the law and helping meet the ever-changing needs of the US labour market. It is working on an upcoming H-1B modernization rule that will propose improvements, including bolstering the H-1B registration process to reduce misuse and fraud. During the registration period for the FY 2024 H-1B cap, there was a significant increase in the number of registrations submitted compared to prior years.
H-1B visas are issued for three years and can be extended another three years. The USCIS may deny or revoke a petition approval based on a registration that contained false information. The USCIS may also refer an individual or entity who submitted false information to appropriate federal law enforcement agencies for investigation and further action, as appropriate. A group of US tech workers campaigning against the H-1B visas has spoken about such fraud for several years.
The USCIS’s goal is to reduce the possibility of misuse and fraud in the H-1B registration system.
