USCIS Clamps Down on Unfair H-1B Cap Registrations

USCIS (United States Citizenship and Immigration Services) has added an attestation to enhance controls on multiple H-1B cap filings for the same employee by separate businesses.

This legislation expands the ban on multiple registrations by distinct or linked businesses to include circumstances when the same employee submits several H-1B cap registrations to unjustly boost their chances of selection. This attestation prevents illegal deals and numerous registrations without a job offer.

This new attestation does not prevent an applicant from getting several legitimate job offers from various firms and registering for multiple H-1B cap choices.

If USCIS finds that the attestation was fraudulent or inaccurate, such as if a corporation works with another to submit several registrations for the same beneficiary to unjustly boost their selection chances, the registration would be declared invalid.

According to 8 CFR 214.2(h)(8)(iii)(A)(1), the potential petitioner cannot file an H-1B petition based on the incorrectly filed registration. USCIS may refuse or withdraw a registration petition with a fraudulent attestation.

USCIS can also report fraudulent attestations to federal criminal enforcement. These agencies will investigate and take legal action. These strict rules ensure that the H-1B visa program is used properly and fairly.