H-1B CAP FY 2023: IN ORDER TO COMBAT MULTIPLE H-1B REGISTRATIONS FOR THE SAME BENEFICIARY USCIS HAS MADE CHANGES IN ITS ATTESTATION REQUIREMENTS

During February 24, 2022, webinar conducted by USCIS regarding H-1B CAP FY 2023, USCIS announced that it has added an additional attestation language, where in under penalty of perjury, the Petitioner (company) certifies that the registration (or these registrations) reflects a legitimate job offer, and that, the petitioner or the organization on whose behalf this registration (or these registrations) is being submitted, have not worked with, or agreed to work with, another registrant, petitioner, agent, or other individual or entity to submit a registration to unfairly increase chances of selection for the beneficiary or beneficiaries in this H-1B registration process for FY 2023. USCIS has added this attestation language to this year’s lottery since last year a lot of companies or beneficiaries acted in concert with one another to increase their chances in the selection process.
 

However, a Beneficiary filing through multiple companies that are unrelated to each other is permitted by USCIS if each registration for that Beneficiary is backed by a genuine or legitimate job offer.

Also, this time around there will be consequences for the companies or Petitioners if USCIS finds that the attestation was not true and correct.  USCIS will find such registration as not properly submitted.  And if USCIS finds that the registration was not properly submitted, both the companies that submitted the registration will not be able to file the H-1B petition based on the selected registration.  USCIS could also deny or revoke a petition filed based on the false attestation. USCIS will further refer the company or the individual who submitted the attestation to appropriate federal law enforcement agencies for investigation and will have civil and criminal consequences.

Therefore, through this new attestation requirement USCIS is trying to deter companies and beneficiaries from acting in concert and entering multiple registrations for the same beneficiary or beneficiaries to increase their chances of selection in the H-1B lottery for FY 2023.

We will regularly update the blog as soon as any new information is available.

Disclaimer

This article aims to provide new information concerning H1B CAP FY 2023. This article, under no circumstances, acts as legal advice; therefore, for any further case-specific question, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).