USCIS Investigating Potential H-1B Fraud

USCIS already expected to see a record number of applications for FY 2024 due to various factors, such as lifted pandemic restrictions and massive layoffs in the tech industry. But what wasn’t as predictable was the significant amount of attempted fraud that has been uncovered already. USCIS has caught almost half of the currently submitted applications as multiple registrants. Still, the government branch’s lack of action thus far leaves many questioning how this will affect legitimate applicants, as discussed here.

Investigations By USCIS Continue

The United States Citizenship and Immigration Services are already overworked and understaffed. They’re attempting to take this concern to those in charge of funding and obtain a solution to the problem. Still, in the meantime, the mammoth task of investigating and prosecuting so many fraudulent applications is in front of them.

Because of the large scale of fraud, many people are requesting USCIS be held accountable, arguing that the problem was predictable. The upward trend of applications and fraud in FY 2022 and FY 2023 wasn’t thoroughly addressed and continued into this year.

What Could Be Done?

There are various measures currently under discussion in Congress regarding finding stricter ways to combat fraud. The terms of H-1B visas, as they are, leave easy gaps to penetrate if you want to abuse the system. The minor $10 registration fee, for instance, is nothing for someone to pay to open the door for a visa application. Charging the full fee when filing made it more cumbersome for USCIS when they had to refund those who weren’t selected, but it impeded many would-be fraudsters from attempting abuse.

Submitting multiple applications is against the registration rules, but USCIS could not filter out hundreds of thousands of duplicates when they chose the selected registrations. This seems unnecessary with today’s high-tech software that can quickly sift through data and weed out duplicate identities.

With proactive measures and better legislation aimed at fighting fraud and abuse in the immigration system, particularly the H-1B visa program, it should be possible to close the current loopholes and allow room for those who follow the rules. One potential method in the works is the modernization rule, which intends to improve the workflow of registering for an H-1B visa. With updated tools and better training, USCIS can screen applicants more thoroughly, selecting legitimate rather than fraudulent candidates.

What’s Next?

Due to the massive allegations of fraudulent petitions chosen in FY 2024, the near future of H-1B visa allocations is muddy. What will USCIS do with the open visas allotted that were originally going to those found guilty of fraud? 

If you were one of the many unselected candidates who filed your registration honestly and accurately, contact our professionals at Visa2US. We’ll review your situation and advise you on your options as the results of these investigations continue to unfold.

Our legal experts are available every day to answer your H-1B visa questions and help you find the right path to obtaining the documents you need for yourself or a skilled foreign worker beneficiary.


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