US Govt Will End H1B Abuse: Multiple Applications For Same Person Not Allowed, These Actions Imposed

The USCIS has now introduced a new development in the process of H-1B visas, wherein, multiple registrations for the same individual will no longer be permitted.

How will USCIS ensure that multiple registrations are not being made? Read on to find out!

USCIS To Curb Abuse Of H-1B Registration Process

The US Citizenship and Immigration Services (USCIS) is now taking steps to curb the ongoing abuse of the H-1B registration and filing process by some sponsoring employers. These employers reportedly file multiple registrations for the same individual.

However, this will not be allowed anymore.

The USCIS has now stated that sponsoring employees will have to submit their registrations along with an attestation that the registration has been for a legitimate job offer. 

Additionally, they will have to assure that the sponsoring company has not worked with, or agreed to work with another registrant, petitioner, agent, or other individual or entity, in order to submit a registration for increasing chances of selection for the beneficiary unfairly. 

If the attestation is found to be fake, the registration will be deemed void, and action will be taken by law enforcement agencies.

Lawsuit Filed By 510 Foreign Nationals

A lawsuit had been filed with the US district court of Columbia against the H-1B selection process for fiscal 2022.

As per the lawsuit, the rules and regulations about the cap registration process allow foreign nationals to have an unlimited number of registrations to be submitted on their behalf by multiple employers.

It states, “This has led to an entire industry of so-called ‘H-1B consultancies’ and phony employers who have exploited the flawed cap registration rules by charging prospective workers to file multiple registrations on their behalf, even when there is no bona fide job offer from a qualifying employer.”

The online registration process of the H-1B cap for the fiscal year 2023 will begin on Tuesday, March 1, 2022. It will continue till March 18. After this, a lottery will be conducted by the USCIS, during which sponsoring employers will file H-1B petitions for selected beneficiaries. 

A recent report states that from almost 190,000 in the fiscal year 2019, the number of H1B specialty occupations has decreased to 125,000 in the fiscal year 2020 to a mere 62,000 in the fiscal year 2021, according to the study done by a study by the National Foundation for American Policy (NFAP).