USCIS tries to curb the practice of ‘multiple H-1B registrations’ for the same worker

Citizenship and Immigration Services (USCIS) appear to have taken note of abuses regarding the H-1B registration and filing process, where some employers assist in multiple registrations for the same employee. The online registration process for the H-1B cap fiscal year 2023 begins on Tuesday, March 1 and ends on March 18. Once this is complete, USCIS will conduct a lottery (this is due to the number of registrations frequently exceeding the annual quota of 85,000), and H-1B petitions for selected beneficiaries will need to be filed by sponsoring employers within the prescribed timeframe.

Sponsoring employers are required to verify that the registration represents a legitimate job offer when submitting their registration to USCIS. As part of the sponsorship agreement, they must also attest that the sponsoring company has not worked with, or agreed to work with, another registrant, petitioner, agent, or another individual or entity to submit an application to unfairly increase the chances of selection. The registration would be invalidated if there was a false attestation, and law enforcement would be notified.

A group of 510 foreign nationals (including Indians) had filed a lawsuit last year challenging the H-1B selection process for fiscal 2022, which allowed individuals to register more than once, providing them with a better chance of being selected by the lottery.

For foreign nationals, the rules and regulations governing the cap registration process currently permit employers to submit an unlimited number of registrations on their behalf. ‘The flawed registration rules have led to an entire industry of so-called ‘H-1B consultancies’ and phony employers who charge prospective workers to file multiple registrations on their behalf, even when there is no bona fide job offer from a qualifying employer,’ the lawsuit complaint filed with the US district court of Columbia stated.

According to Charles H. Kuck, an immigration attorney, USCIS acknowledges that there is widespread abuse and fraud in the H-1B registration program. ‘USCIS no longer tries to claim that the fraud that was the basis of our lawsuit never happened. They’re now making a half-hearted effort to show that they’ve got the situation under control. However, they don’t, and they shouldn’t conduct next week’s registration without a real fix. We’re hoping the judge agrees,’ added Greg Siskind, immigration attorney.