H1B lottery scam: How not to fall victim to visa fraud

  • Refrain from filing multiple H1B cases as an individual
  • Seeking legal advice and guidance before proceeding with any immigration application can help prevent any unnecessary legal complications.

Sanchari Ghosh
Updated4 May 2023
The H1B visa fraud is illegally increasing chances for successful lottery selection.
The H1B visa fraud is illegally increasing chances for successful lottery selection.(AFP)

The US Citizenship and Immigration Services (USCIS) recently alerted about a disproportionate spike in the number of applications for H1B visas and noted it to be ‘an abuse of the visa registration process’. Data show, this year saw a 61% increase, with 780,884 applications submitted and compared to last year's 483,927 and a 57% increase from the 308,613 applications received the year before that. Hence, many who are currently in the process of applying for H1B are concerned about what is the ‘fraud’ and how not to become a victim of the ‘fraud’. 

What is H1B visa fraud? 

The most common concerns with the H1B lottery debacle are what exactly is the fraud? points out Rajiv S. Khanna, managing attorney at Immigration.com, the Law Offices of Rajiv S. Khanna, PC.

So the fraud here is, explains Khanna, illegally increasing chances for successful lottery selection.

One common form of fraud is when companies collude with individuals to increase their chances of being selected in the H1B lottery. This is illegal, and companies and individuals who engage in such practices could face penalties for perjury. 

Another issue is when an individual has multiple genuine job offers and wants to have multiple entities apply for them. “This can also be a grey area, and it is best to consult with a lawyer to ensure that there is no collusion or unfair advantage.”

Additionally, some individuals may attempt to apply for an H1B through a different company while already working for an established company, without the knowledge or consent of their employer. This could also result in legal issues and potential revocation of the visa.

How not to become a victim of such a fraud?

It is advised to refrain from filing multiple H1B cases as an individual, in case of mistakes or uncertainty. “If you have made a mistake, if you've gone with the idea of multiple legislations as an individual, back off,” the expert asserts. 

It is important to consult your lawyers before taking any action. Only genuine job opportunities should be considered, and any potential collusion must be avoided. Seeking legal advice and guidance before proceeding with any immigration application can help prevent any unnecessary legal complications.

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