The United States Citizenship and Immigration Services (USCIS) has stated that the automated selection process used to choose successful H-1B visa applicants has been subject to abuse and fraudulent activity, news agency PTI reported.

The agency issued a statement warning that extensive investigations have been carried out and applications have been denied and revoked as a result of fraudulent activity in both the FY 2023 and FY 2024 H-1B cap seasons. The USCIS is also in the process of initiating law enforcement referrals for criminal prosecution against those involved in the manipulation of the H-1B visa lottery system.

“The H-1B visa programme is a crucial element of the country's immigration system and economy, and the USCIS is committed to enforcing the law and meeting the evolving demands of the US labour market,” USCIS said in a statement. The agency is working on a forthcoming H-1B modernisation rule, which will aim to bolster the registration process to mitigate the risk of fraud and misuse in the H-1B registration system.

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The USCIS reported a significant rise in the number of applications submitted during the registration period for the FY 2024 H-1B cap, with 780,884 applications received, compared to 483,927 in 2023, 301,447 in 2022, and 274,237 in 2021. The number of applications submitted on behalf of beneficiaries with multiple registrations and unique beneficiaries with only one registration has increased.

The USCIS has warned that if any application or company-provided information is found to be incorrect, the registration would be deemed improperly submitted, and the applicant would not be eligible to file a petition based on that registration. The agency may deny or revoke a petition approval based on false attestations made in the registration. Moreover, the USCIS could also refer individuals or entities that submitted false attestations to relevant federal law enforcement agencies for further investigation.

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A group of US Tech Workers who oppose H-1B visas has been campaigning against such fraud for several years, and they have criticised the USCIS for its inaction. They claim that the Trump administration had proposed a solution to the H-1B lottery by prioritising selection based on the highest wages. However, they sued the administration, and now they have to deal with the fraud they have been complaining about.

(Edited by : Sudarsanan Mani)