Important Information About FY 2024 H-1B Initial Registration Process

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The U.S. Citizenship and Immigration Services (USCIS) has made significant strides in streamlining the H-1B registration process, resulting in cost savings and efficiencies for both employers and the agency. However, recent trends in the registration period for the fiscal year 2024 H-1B cap have raised concerns about potential fraud and abuse. Please continue reading and reach out to the H-1B visa lawyers at the Lightman Law Firm to learn more about the FY 2024 H-1B registration, measures USCIS is currently taking to combat fraud, and USCIS’s commitment to improving the H-1B program.

Streamlining the H-1B Registration Process

The H-1B electronic registration process, introduced in 2020, has revolutionized the way H-1B cap-subject petitions are filed. Previously, employers submitted full and voluminous petitions during a limited filing period, resulting in unnecessary paperwork and mailing costs. With the electronic registration system, USCIS has achieved significant cost savings and efficiencies for both petitioners and the agency.

Overview of FY 2024 H-1B Registration

During the FY 2024 H-1B registration period, USCIS experienced a sizeable increase in the number of registrations compared to previous years. This increase was observed in registrations submitted for beneficiaries with multiple registrations, as well as registrations submitted for unique beneficiaries. Similar trends were noted in the FY 2022 and FY 2023 H-1B registration periods, indicating a consistent pattern that led USCIS to believe fraud may be occurring.

How is USCIS Deterring Fraud in the Registration Process?

The rise in registrations for beneficiaries with multiple eligible registrations has raised concerns about potential abuse and unfair advantage. In a recent statement, USCIS said that it is committed to preventing and deterring abuse in the registration process, ensuring that only those who follow the law can file H-1B petitions.

At the time of registration submission, each petitioner is required to sign an attestation, declaring that the information they provide is both wholly complete and accurate. They must also confirm that the registration reflects a legitimate job offer and that there has been no collaboration with other entities to unfairly increase the chances of selection for beneficiaries.

Consequences of Fraudulent Registrations

USCIS takes the attestation process seriously and thoroughly examines the truthfulness of each submission. Registrations found to contain false attestations are deemed improperly submitted, rendering the petitioner ineligible to file a petition based on that registration. USCIS may deny or revoke a petition based on a false attestation and refer the individual or entity responsible for further investigation and potential criminal prosecution.

USCIS’s Commitment to the H-1B Program

The H-1B program plays a crucial role in the U.S. immigration system and economy. USCIS has stated that it remains dedicated to implementing the law and adapting to the evolving needs of the U.S. labor market. As part of their ongoing efforts, USCIS is working on an upcoming H-1B modernization rule that aims to strengthen the registration process, minimizing the risk of misuse and fraud.

USCIS’s electronic registration system has significantly improved the efficiency of the H-1B registration process, benefiting both employers and the agency, but the recent increase in registrations and potentially fraudulent activity has prompted USCIS to take strict measures to combat abuse. By enforcing the attestation process and investigating fraudulent cases, USCIS appears to be taking steps to help ensure a fair and transparent H-1B program. As the H-1B program continues to evolve, USCIS is actively working on enhancing the registration process to further protect the integrity of the program and meet the needs of the U.S. labor market.

If you have any further questions about the FY 2024 H-1B registration process, or you’re looking to obtain an H-1B visa yourself, please do not hesitate to reach out to a seasoned New York City immigration lawyer from Lightman Law Firm today. We are here to help you, every step of the way.