US Government Issues Warning Against H-1B Visa Lottery System Fraud

US

US: The US Citizenship and Immigration Services (USCIS) claimed on Friday that fraud attempts have sharply increased as a result of abuse of the system created by the computerised drawing of lots used to choose successful H-1B applicants each year. In an unusual statement, USCIS claimed that it had already conducted thorough fraud investigations and denied and revoked petitions in light of evidence from the H-1B cap seasons for the Financial Years 2023 and 2024.

A significant increase in registrations was observed compared to prior years

According to the federal agency, referrals to law enforcement for criminal prosecution are currently being made. The statement continued, ‘We are working on an upcoming H-1B modernization rule that will propose, among other improvements, strengthening the H-1B registration process to minimise the possibility of abuse and fraud in the H-1B registration system. During the registration period for the FY 2024 H-1B cap, according to USCIS, a significant increase in registrations was observed compared to prior years. ‘The H-1B programme is an essential component of our country’s immigration system and our economy,’ the agency’s statement read. ‘The USCIS is committed to enforcing the law and assisting in meeting the constantly changing needs of the US labour market.’

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This year’s computer-generated lottery for H-1B visas received 780884 applications

In general, there was a rise in the quantity of registrations submitted, the number of registrations submitted on behalf of beneficiaries with multiple registrations, and the number of registrations submitted on behalf of distinct beneficiaries with a single registration. According to the report, this year’s computer-generated lottery for H-1B visas received 780,884 applications, compared to 4,83,927 in 2023, 3,01,447 in 2022, and 2,74,237 in 2021. According to the agency, from 165,180 registrations related to applicants who submitted multiple applications last year and 90,143 the year before, there were 408,891 this year. The federal agency issued a warning that if an applicant or firm provided false information, it would find the registration to have been improperly submitted and would disqualify the potential petitioner from submitting a petition based on that registration.

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The Trump administration had suggested fixing the H-1B lottery

US tech workers claim they have been talking about this fraud for the previous few years as part of their campaign against H-1B visas. ‘The Trump administration had suggested fixing the H-1B lottery by giving preference to applicants with the highest salaries. You filed a lawsuit against the administration, and as a result, you now have to deal with the scam you are criticising,’ according to statement. If a registration had a fraudulent attestation and was thus submitted improperly, the USCIS may reject the petition or withdraw the acceptance of the petition. According to the statement, ‘Furthermore, USCIS may also report the person or business who filed a fraudulent attestation to appropriate federal law enforcement agencies for investigation and subsequent action, as warranted.’

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