USCIS Aims to Minimize Fraud in H-1B Registration Process

By: Kirti Kalra

On March 27, 2023, United States Citizenship and Immigration Services (USCIS) released a statement informing the public they had enough registrations to reach the H-1B numerical allocation or H-1B cap for fiscal year (FY) 2024.

Overview of Cap Numerical Allocations

During FY 2024, USCIS reported more H-1B submitted registrations than in previous years, a similar trend occurred in 2022 and 2023, as noted in the below chart.

Fiscal	Total Registrations Submitted	Eligible Submissions	Number of Eligible Registrations for Beneficiaries with One Eligible Registrant	Number of Eligible Registrations for Beneficiaries with More Than One Eligible Registration	Selections
2021	274,237	269,424	241,299	28,125	124,415
2022	308,613	301,447	211,304	90,143	131,924
2023	483,927	474,421	309,241	165,180	127,600
2024	780,884	758,994	350,103	408,891	110,791

 

USCIS are expecting more selected registrants to file petitions and receive approvals from the State Department, therefore they have selected less registrants in FY 2024 than in prior years.

Fraud Prevention

USCIS has reaffirmed their commitment to fraud prevention and to ensuring multiple registrations are not filed on behalf of the same beneficiary.

When a registration is submitted, the petitioner signs an attestation under the penalty of perjury. The attestation establishes the information provided is correct, the job offer is sincere, and the petitioner has not worked with, or agreed to work with anyone else, to submit a registration to increase the likelihood of a candidate being selected. 

If USCIS finds a petitioner to have lied or otherwise violated the attestation, a fraud investigation will be opened. Additionally, USCIS can revoke or deny their petition, report the individual to a federal law enforcement agency, or any other further investigative action when needed.

Currently, USCIS has conducted fraud investigations relating to registrants submitting in FY 2023 and FY 2024 and has revoked and denied petitions based on their findings. If you believe you witnessed fraud or abuse, USCIS encourages reporting it on the online tip form available on their website.

USCIS is expected to release a new modernization rule aiming to strengthen the H-1B registration process and reduce fraud in the H-1B electronic registration system. 

Conclusion

The trusted Chugh, LLP immigration team will continue to monitor the situation and provide updates as they become available. For questions case specific questions regarding the H-1B selection process please contact your attorney.

Applicants can also turn to the official USCIS H-1B Cap Season or H-1B Electronic Registration Process webpages for more general submission information.