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Multiple H-1B Visa Registrations Of The Same Person Are Being Nipped By USCIS
The U.S. Citizenship and Immigration Services has taken note of the misuse of the H-1B registration and filing process, in which some employers assist in multiple registrations for the same individual.
The online registration process for the H-1B cap fiscal year 2023 opens on March 1, and will run through March 18. USCIS will run a lottery in the coming weeks, and employers will have to file H-1B petitions for selected beneficiaries within the prescribed time frame.
However, USCIS stipulates that sponsoring employers must certify that their registration represents a legitimate job offer when they submit their registration. In addition, the sponsoring company must attest that it has not worked with or agreed to work with another registrant, petitioner, agent, or other individual or entity to submit a registration to increase the chances of unfairly selecting the beneficiary. False attestation would nullify the registration and invite law enforcement action.
Last year, 510 foreign nationals filed a lawsuit challenging the H-1B lottery selection process for fiscal 2022, which allowed multiple registrations to be filed for a single individual, which increased the chances of being selected in the lottery.
According to a reputable media outlet, the immigration attorneys representing the plaintiffs spoke with them. Charles H. Kuck, an immigration attorney, said, "It is now evident that even USCIS recognizes that the H-1B registration program is subject to widespread abuse and fraud." We look forward to making the system honest and fair.”
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