US to Modernize H-1B Visa Registration Process After Fraud Detection

The United States is set to modernize the H-1B visa registration process after reports of abuse and fraud in the current system. The US Citizenship and Immigration Services (USCIS) announced its plans after detecting a small number of companies entering the same applicants into the lottery multiple times, with the alleged goal of artificially boosting their chances of winning a visa. USCIS has denied and revoked petitions based on evidence from the Financial Year 2023 and Financial Year 2024 H-1B cap seasons, and it is also in the process of initiating law enforcement referrals for criminal prosecution.

To reduce the possibility of misuse and fraud in the H-1B registration system, USCIS is working on an upcoming H-1B modernization rule that will propose improvements, including bolstering the H-1B registration process. Last year, the government began requiring workers who won the lottery to sign affidavits stating they did not try to manipulate the system by filing multiple bids under different company names, even if there was no underlying employment offer.

During the registration period for the FY 2024 H-1B cap, USCIS saw a significant increase in the number of registrations submitted compared to previous years, with 780,884 applications received. However, the federal agency warned that it would not consider registrations that are not properly submitted or have incorrect information, and it may refer individuals or entities who submitted false attestations to appropriate federal law enforcement agencies for investigation and further action.

H-1B visas, which are used by software engineers and others in the tech industry, have been a point of contention in the immigration debate. Critics say they are used to undercut US citizens and legal permanent residents, while technology companies argue that they are necessary for hard-to-fill positions. As the number of applications has soared in the last two years, major technology companies have seen winning lottery submissions dwindle.