USCIS Ruling on H-1B Petitions Marks Significant Change in Immigration Policy
New USCIS Decision on H-1B Petitions
Washington DC: In a pivotal ruling, the US Citizenship and Immigration Services (USCIS) has declared that if two companies submit H-1B petitions for the same applicant with the intent to exploit the lottery system, it will be classified as fraud, regardless of whether one of the companies later withdraws its application. Previously, a withdrawal did not imply fraudulent intent. This ruling stems from a case involving a firm known as 'Matter of Texperts'. The implications of this decision will extend to all future cases. Although the ruling specifically addresses H-1B petitions, experts suggest it could influence all immigration matters.
The USCIS will scrutinize applications to determine if they were filed with fraudulent intent, even if they are later withdrawn. It is a common strategy for individuals to register multiple times to enhance their chances of being selected. The case of 'Matter of Texperts,' which is an IT staffing firm, involved a petition for a database administrator. After the petition was selected in the lottery, the USCIS issued a notice indicating intent to deny the application. According to the USCIS, the petitioner collaborated with a related entity to submit duplicate registrations for the same beneficiary.
Even after 'Matter of Texperts' withdrew its petition, the USCIS maintained that it constituted fraud. The company subsequently appealed the USCIS's decision, but the Administrative Appeals Office permitted the USCIS to pursue investigations into the fraud allegations. Additionally, recent reports indicate that the United States is progressing towards updating wage regulations that govern H-1B visas and green card sponsorships. A proposed rule from the Department of Labor has successfully passed review at the Office of Management and Budget, which is the final step before it is published for public feedback. The prevailing wage rates dictate the minimum salaries that US employers must offer foreign workers, based on their job roles and locations. Any increase in these rates will directly elevate the costs associated with both H-1B and Green Card PERM sponsorship processes.