US H-1B visa lottery system resulted in abuse, fraud; issues warning

The computerised drawing of lots used to pick successful H-1B applicants each year has resulted in system abuse and a substantial surge in fraudulent attempts, according to a government agency on Friday.

In an unusual statement, US Citizenship and Immigration Services (USCIS) claimed on Friday that it had already conducted substantial fraud investigations, refused and revoked applications based on evidence from the Fiscal Year 2023 and Fiscal Year 2024 H-1B limit seasons.

The USCIS stated that it is in the process of initiating referrals to law enforcement for criminal prosecution.

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“The H-1B programme is an important part of our nation’s immigration system and economy, and the USCIS is committed to enforcing the law and assisting in meeting the ever-changing needs of the US labour market,” it stated.

“We are working on an upcoming H-1B modernisation rule that will propose, among other improvements, bolstering the H-1B registration process to reduce the possibility of misuse and fraud in the H-1B registration system,” the statement continued.

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According to USCIS, the number of registrations filed for the FY 2024 H-1B ceiling increased significantly compared to previous years throughout the registration process. It stated 780,884 people applied for H-1B visas in this year’s computer-generated lottery, compared to 4,83,927 in 2023, 3,01,447 in 2022, and 2,74,237 in 2021.

The federal office cautioned that if an applicant’s or a company’s information was incorrect, the registration would be deemed invalid and the potential petitioner would be ineligible to file a petition based on that registration.

The USCIS may dismiss or cancel a petition based on a registration that contains a fraudulent attestation and hence was not properly filed. A group of US IT workers who are fighting against H-1B visas stated that they had been aware of such fraud for numerous years.

(With PTI Inputs)