By J. Lavetsky, Esq.
Beacon Immigration PLLC

July 27, 2023 

If you’ve heard about the H-1b visa program in the U.S., you likely think of highly educated and skilled immigrants who use the visa to contribute to the U.S. labor market. For example, the largest technology companies like Google, Meta, and Microsoft hire many H-1b workers, for which USCIS requires that the worker hold a bachelor’s degree.

Unfortunately, the miasma of fraud has found its way into the H-1b visa program. Recently, USCIS announced that they would conduct a second lottery for the more than 700,000 H-1b lottery registrations that they received, due mostly to fraudulent registrations. For more about the H-1b lottery system, see our Immigration 101 article.

Let’s explore the H-1b lottery system in more detail, and why fraud is such a problem.

Beating the Odds

Let’s start with the basics. There are 85,000 H-1b visas available each fiscal year (October 1-September 30). With many more registrations than available visas, a lottery is required to randomly select who can apply for the visa. It’s true that some visa holders will be exempt from this 85,000 cap, for example if they work for a university or an affiliated non-profit organization, but otherwise nearly everyone who wants an H-1b will need to join the lottery.

In the most recent lottery held in March 2023, over 700,000 H-1b lottery registrations were submitted.

With 780,884 registrations for roughly 85,000 available spots, the chances of being selected in the H-1b lottery this year wre perhaps about 10-20%. You might have better luck at your local casino.

Rising Levels of Fraud

With the chances of being selected so low, fraud is rampant. The impossible odds have led to the submission of multiple applications by unscrupulous employers or their representatives on behalf of the same beneficiary. This tactic, known as “application flooding,” aims to increase the odds of a particular candidate being selected, significantly reducing the chances for legitimate applicants.

In addition to these practices, some fraudulent consultants exploit prospective H-1B beneficiaries by promising them visas and charging exorbitant fees without providing genuine employment opportunities. These consultants often engage in deceptive tactics, taking advantage of the candidates’ desperation and lack of awareness about the H-1B process.

As a result of all this, legitimate employers who genuinely require skilled foreign workers are unfairly disadvantaged when facing the overwhelming number of fraudulent applications. As a result, they may struggle to find the talent they need to fill critical positions, hampering their growth and competitiveness in the global market.

Good News! A Second Round

Thankfully, USCIS seems to be addressing these issues, at least to some extent. USCIS recently announced in an email that they would hold a second round of their H-1b lottery. Apparently, USCIS has been invalidating fraudulent registrations where no legitimate job offer exists, and has been revoking approved H-1b petitions. All of this frees up space for legitimate employers to have another bite at the apple in a second round, since USCIS needs to use up the 85,000 slots.

H-1b Lawyer New York

If your employer submitted a legitimate registration for you, you have another chance of being selected. There’s nothing in particular that you need to do; USCIS will notify your employer if your registration is eventually selected in the second round. As recently as the summer of 2021, there was even a third round, so stay tuned and let’s cross our fingers.

If you have questions about H-1b visa requirements, including an H-1b visa for students and professionals, please get in touch today: +1 845-288-2435 / beaconimmigrationlawyer@gmail.com.

Beacon Immigration PLLC is a law firm located in the Hudson Valley of New York at 6 Eliza Street, Suite 5, Beacon, NY 12508 (Dutchess County).