H1B lottery scam: What is visa fraud and how to avoid being a victim of it

Don't want to miss the best from Business Standard?

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 reveal that this year saw a 61 per cent increase, with 780,884 applications filed, compared to the previous year's 483,927 and a 57 per cent increase from the 308,613 applications received the year before. As a result, many people who are applying for H1B visas are concerned about what the 'fraud' is and how to avoid being a victim of it.

 

What is H1B visa fraud?

 

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

Furthermore, some individuals may attempt to apply for an H1B through a different company while already working for an established company, without their employer's knowledge or consent. This could potentially lead to legal complications and a revoked visa.

How can you avoid becoming a victim?

 

In case of errors or doubt, it is best to avoid filing several H1B claims as an individual, experts suggest.

Before taking any action, one should consult with their attorneys. Only legitimate job opportunities should be considered, and any potential collusion should be avoided. Seeking legal advice and assistance before starting with any immigration application can help avoid avoidable legal problems.
 

Meanwhile, a top official had earlier stated that the US is on track to award over a million visas to Indians this year.

In an interview with the news agency PTI, US Assistant Secretary of State for South and Central Asia Donald Lu stated that they are also prioritising work visas, including H1B and L visas, which are the most sought-after by IT specialists from India.

The H1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations that require theoretical or technical expertise.

Technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.