The United States Citizenship and Immigration Services (USCIS) has issued a landmark ruling clarifying that even if an H-1B visa petition is withdrawn, it can still be subject to a fraud investigation. Officials said the decision will apply to all future cases and ensures stricter enforcement against duplicate registrations and lottery manipulation.
Texperts Case: Duplicate H-1B Petitions Lead to Fraud Probe
Experts note that several companies try to increase the chances of a prospective employee being selected in the H-1B lottery by submitting multiple petitions for the same individual. Such activity is considered fraud. In the recent case, IT staffing firm Texperts filed an H-1B petition for a database administrator. When the petition was selected in the lottery, USCIS issued a notice alleging that the company had coordinated with related firms to submit duplicate applications for the same beneficiary. Texperts subsequently withdrew the petition, but USCIS deemed the act fraudulent.
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Texperts then appealed the USCIS decision. The USCIS Administrative Appeals Office clarified that the agency retains the right to investigate alleged fraud. According to Murthy Law Firm, “The Texperts ruling now sets a precedent. In the future, merely withdrawing a petition will not protect a company or petitioner from fraud allegations. The agency has the authority to record such findings, and this is no longer informal practice but formal policy.”
USCIS Policy: Withdrawal No Escape from Fraud Scrutiny
Experts further point out that the ruling is not limited to H-1B petitions alone but applies to all types of immigration petitions. Now, even if a petition is withdrawn, authorities can examine whether the withdrawal was intended to conceal fraudulent activity.
Impact on Future Cases:
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Any company or petitioner facing allegations of fraud or misrepresentation cannot escape investigation simply by withdrawing a petition.
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Petitioners withdrawing applications must provide clear and substantive evidence that no fraudulent or misleading activity was committed.
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Even if an H-1B employee is unaware of duplicate submissions, they may still face permanent entry bans into the U.S.
Warnings for Companies and H-1B Aspirants
Experts have warned that companies and employees must maintain full transparency in the application process and avoid shortcuts, duplicate registrations, or lottery manipulations.
The ruling strengthens preventive measures and monitoring against fraud within the U.S. immigration system. It serves as a warning to potential fraudulent companies while safeguarding employees who might otherwise unknowingly become part of fraudulent schemes.
The USCIS landmark decision makes it clear that withdrawing an H-1B petition does not shield applicants or companies from fraud investigation. The ruling will now apply to all immigration petitions, ensuring strict action against firms manipulating the lottery process or submitting duplicate applications.
