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USCIS giving Notice of Intent to Deny(NOID) for H1B 2023 Multiple Registrations

As most of you know H1B Visa is one of the most sought temporary work visas and there was a tremendous amount of demand for fiscal year(FY) 2023 with a whopping 484K H1B Registrations submitted. As with everything else in life, not everyone plays a fair game and there are few who try to take shortcuts. In the context of H1B Visa Registrations, some might have filed multiple H1B registrations with the intent to increase their chances in H1B Visa Lottery.

Now, USCIS is taking action on those individuals and companies, who committed fraud by filing multiple registrations to increase their chances in the H1B Lottery. They are issuing a Notice of Intent to Deny(NOID) for such petitions. This was first reported by Law Offices of Thomas V Allen. In this article, we will review what it means, look at the NOID copies issued by them and share what to expect. We will keep this article updated as more attorneys share similar information.

Before we go to the actual issue, let’s look at the actual rule and what is not allowed, what can USCIS do, if they find fraud.

Background: Are Multiple H1B Registrations Allowed? What is Considered Fraud?

As a baseline for everyone, filing multiple H1B Registrations through unrelated employers is technically allowed. The biggest catch is, these companies have to be genuine and the job offers have to be genuine as well. Usually, this is where IT Bodyshops try to take advantage of this rule and try to file multiple registrations without genuine intent or a genuine job offer.

For example, you have an offer from Google and another offer from Microsoft. Now both of these companies can file H1B registrations for you. This is considered legal and perfectly fine. But, let’s say two IT Body shop companies try to file for the same job by their subsidiaries or different companies, etc. without really having a genuine offer, then they are in trouble. The NOID is issued in such cases.

You can read complete details about H1B Duplicate Filings, what are the various scenarios, where we have illustrations explaining the same.

What can USCIS do, if they find Fraud with Duplicate Registrations?

As per USCIS’s H1B Registration info page, if multiple H1B registrations were filed for the same applicant to increase their chances of H1B lottery selection by a company or they worked with another company for the same, then they will consider that the registration was not properly submitted. As it was not considered as properly submitted they may deny, or revoke the H1B petition filed as it had false attestation.

They added this extra attestation during the submission process to hold the employers accountable. Essentially, when someone submits, they are signing under oath that they are not filing any duplicate registrations to unfairly increase the chances of H1B lottery selection for an applicant. See the below screenshot of the exact guidance from the USCIS website.

USCIS Guidance on filing multiple H1B registrations to increase chances of H1B Lottery Selection unfairly
USCIS Guidance on filing multiple H1B registrations to increase chances of H1B Lottery Selection unfairly

Now that we have some background, let’s dive into the details of the current NOID issued by USCIS

USCIS issued a Notice of Intent to Deny(NOID) for a petition, where they found out that the companies are related by common ownership such as family relationships, registrations done by the same agent, etc. They even gave details of the websites and how they were able to establish that common link.

As per the NOID, the person filed four H1B Registrations and two were selected in the H1B Lottery. This is a clear case for identifying fraud. The exact wording by USCIS in the NOID is as below:

“Based on the USCIS records, USCIS Concluded that the petitioner made a false attestation when registering beneficiary for the FY23 H1-1B Cap Lottery and made an improper registration based on USCIS collusion research. It appears the petitioner worked with another registrant, petitioner, agent, or other individual entity to submit multiple registrations to unfairly increase the chances of selection for the beneficiary. USCIS records indicate the beneficiary has a conformation number for four separate registration with two being selected

USCIS reviewed the petition, the registration data, and additional resources and determined that the petitioner has colluded with another company during the registration process to unfairly increase the chances of selection. The petitioner XXXX shares the same registered agents/ executives and/or has a familial link to the registered agents/executives with the following organization XXXX. USCIS found XXX and the petitioner are linked companies as indicated by open-source information XXXX, the website for XXX….”

Below is the actual copy of the NOID issued by them. This is shared by the Law Offices of Thomas V Allen. Thanks to them for sharing it!

H1B Notice of Intent to Deny for Multiple Registrations filing FY 2023
H1B Notice of Intent to Deny for Multiple Registrations filing FY 2023

NOID for filing H1B Registrations with Unrelated Companies: Same Attorney, Letters

USCIS has also issued NOID for situations where the applicants/ companies were trying to outsmart USCIS by colluding with other companies and filing H1B registration with unrelated companies.

In this case, they say that these companies used the same attorneys, used boilerplate support letters, contracts, related financial transactions, shared employees, etc with about 132 overlapping H1B registrations filed by them. Below is the exact wording.

“USCIS reviewed the petition, the registration data, and additional resources and has determined that the petitioner has colluded with another company during the registration process to unfairly increase chances of selection. The beneficiary, XXX was registered for the FY 2023 CAP by petitioner XXX. The petitioner, XXX, shares the same registered agents/ executives and/or has a familial link to the registered agents/executives within the organization. The companies were related through financial transactions, contracts, G-28 attorneys, boilerplate support letters, and shared employees. They also made 132 overlapping H-1B Registrations, including the registrations for the beneficiary. Based, on the aforementioned companies you have not provided enough evidence to demonstrate that you have a valid offer of employment.

Based on USCIS records, fraud/misrepresentation was found in XXX. The petitioner made a false attestation when registering the beneficiary for the Fy 23 H-1B Cap Lottery and made an improper registration. “

Below is the actual copy of the NOID issued by them. This is also shared by the Law Offices of Thomas V Allen.

H1B NOID for duplicate registrations fraud based on common contracts, attorneys, letters, etc.
H1B NOID for duplicate H1B registrations fraud based on common contracts, attorneys, letters, etc.

What’s the Impact of the NOID: Fraud/ Misrepresentation

If someone filed multiple H1B registrations and got one of the above or similar NOID letters, they have one last chance to prove that the registrations were filed properly. If they cannot prove the same, their H1B petition is not counted and fees are lost and the employer will be taken action for fraud/ misrepresentation.

Willful misrepresentation is a big thing and someone can bebe barred from entering the US. It falls under INA 212(A)(6)(C)(I). You can read the full info at the State Department website. See the below screenshot. Also, federal agencies will look at these companies and review their actions. These are just early stages and we are yet to wait and see what USCIS will do for such employers.

MISREPRESENTATION - INA 212(A)(6)(C)(I)
MISREPRESENTATION – INA 212(A)(6)(C)(I)

Also, these are just the beginning of the NOIDs shared publicly by Thomas V Allen Lawfirm. We are yet to see others mention it. We will update this page as we have more info.

These investigations by USCIS will have a big impact on how many H1B registrations would be filed in the H1B FY 2024 season that will start next year in 2023

What do you think of the USCIS cracking down on multiple H1B registrations? Share your thoughts in the comments section below

   

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22 Comments

  1. Please help me understand the authenticity of the below message from one of the potential employers:

    As the 2023 H-1B lottery quickly approaches, we are now registering qualified candidates that have the requisite IT related education and experience. USCIS will continue to use a random, computerized H-1B Cap selection system for both the regular and advanced degree exemption registration submissions.

    Please note that the USCIS has made multiple registrations by consultants illegal (https://thomasvallen.com/uscis-cracking-down-on-multiple-h-1b-cap-registrations-submitted-for-the-fiscal-year-2023/). In other words, if your name is selected in the lottery, the USCIS will check if your name and passport # was registered with any other company, and if it was, you will be automatically disqualified.

    Your thoughts

    Reply
    • Priyadarshi,
      They are highlighting fraud done by IT body shops last year. If you have real offers from companies like Google and Microsoft, you can apply for multiple, there is nothing wrong with that.

      Reply
  2. Hi,

    Have quick question, in 2017 my wife’s H1B got rejected due to speciality occupation, our consultant did not share the denial copy to us. Now they are no more with business(consultancy) and all are not reachable. Is there a way that I can obtain a copy of denial reason for that H1B. I can see from USCIS we can ask, but not sure if they ll provide directly to us. We are planning to apply again this year, and her current employer is asking for the document. It would be great if you can shed some light on here.

    Thank you.

    Reply
  3. Two petetions, one by company in India and the other one through consultancy. One through Indian company picked up in the lottery and h1b too approved.
    Does it still come under NOID?

    Reply
  4. I know the law firm of thomas v allen. They are the best in business immigration. Thanks for putting it out there. This would deter these IT staffing from filing multiple registrations next year. The USCIS could start revoking the approved H1Bs too. This just a beginning.

    Reply
    • I think the Approved Petitions wouldn’t be effected.
      Don’t you think that USCIS would have done this Investigation before actually starting the Approvals.

      Reply
  5. Why are Indians dying to come to USA? Are Indians that stupid? USA/American immigration system is broken. Anyone coming now will never get a green card. Life of getting visa renewed every 3 years for the rest of their life with needing to move back to India after retirement or losing a job and not finding one in 30 days is crazy. The older you get the harder to find the next job with the same job description.

    Reply
    • Srinivas,
      The grass is always greener on the other side…. It is hard to generalize, everyone has their reasons, some come for money, some for experience, some to get an experience, etc…Some try to take shortcuts and end up in trouble too. The ones in trouble are misguided and want to live the American dream without understanding the complexities of immigration system… Just lack of awareness for many of them…

      Reply
      • as per ur and Srinivas comments, then no Indian or no foreigner should come to US.
        Its bad to generalize based on ur personal experiences…….not every body will come to US to get GC….to gain some international exposure / earn money and roam around US….many more…….
        Any ways, i undestood you too guys are genious…….i will be waiting to see u guys to relocate to India soon

        Reply
  6. Few questions :

    1. Are they actively sending these NOID’s to all fraud petitioners? Any estimate on how widespread this is?

    2. Does this affect approved applications too?

    Reply
    • Abhishek,
      1. There is no official update from USCIS on this, only one attorney so far reported this. We need to wait and see
      2. Well, this is grey area. No one knows. In some cases, many years after USCIS went back and revoked them as original H1B was not filed properly due to various reasons related to misrepresentation. So, hard to say.

      Reply
      • Many attorneys are getting it. This attorney is bold enough to come out and talk about it. Many of my known friends and companies are getting these Noids

        Reply
    • Govind,
      This will attract a lot of lawsuits. The simple reason is, USCIS cannot force anyone to work with one company because they can only apply visa. That will also have employers abuse the system. So, it is tricky…

      Reply

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