The H-1B visa is a highly sought-after immigration visa. There are expected to be over half a million H-1B registrations in the fiscal year 2024. The registration numbers for the fiscal year 2023 topped 484,000, a record-breaking number of H-1B lottery registrations compared to previous years.
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According to the Law Office Thomas V. Allen, the USCIS has recently issued a Notice of Intent To Deny (NOID) on H-1B petitions where multiple H-1B lottery Registrations were submitted through various companies.
These notices are given in two cases:
- Related companies offered numerous registrations
- Different, unrelated companies introduced the same set of rolls.
The USCIS alleges that these employers commit fraud and misrepresentation and that the multiple H-1B lottery Registrations were arranged by companies that were either related or colluded with each other.
This is considered illegal by the USCIS, particularly considering that multiple H-1B lottery Registrations can unfairly increase the chances of a beneficiary being selected. It is also prohibited to submit various registrations before an electronic lottery portal registration.
When an employer submits a registry on behalf of a beneficiary, they attest that it is a valid job offer. They also have not been involved in any scheme to increase the chance of a beneficiary getting chosen.
If duplicate registrations are found, H-1B petitions will be denied. Further action can be taken at the USCIS. This includes reporting the employer for criminal activity to the federal or local authorities.
Employers who have filed multiple H-1B lottery Registrations applications and received a NOID can argue their case and show that the registrations were valid and properly filed. The H-1B petition may be denied if they cannot prove it. Fees will be forfeited, and the employer could be reported.
Can I register for multiple H-1B lottery Registrations?
The USCIS is committed to ensuring that every legitimate registration has the same chance of winning the lottery. There are no grounds for one beneficiary to have a more significant opportunity. multiple H-1B lottery Registrations rolls can be made on your behalf. They have to be legitimate offers and not spam or duplicate offers.
Suppose two companies offer you jobs related to your expertise, both of which are legitimate. In that case, they can register for your account. Only when an employer conspires with other abiding companies or submits multiple H-1B lottery Registrations registrations or duplicates for the same beneficiary batch fraud or misrepresentation can occur.
Protect yourself from H-1B Petition Fraud
You should register for the H-1B visa lottery in FY 2024 only through a legitimate employer who will offer to petition you. Refrain from falling for false promises made by companies who only try to cheat you or find loopholes. USCIS will deny your H-1B visa petition if you go illegally.
There is plenty of time to seek an American employer to sponsor your H-1B CAP registration. Registering for the next H-1B CAP lottery will begin in March 2023. So start your job search today and mention that you are interested in being petitioned. Find positions that are compatible with your skills, education, and experience. Good luck!