The decision sets a precedent, meaning it will be effective for all future cases. Experts say that while the decision was made in response to H-1B cases, it will now apply to all immigration applications. If USCIS officers discover that an application has been withdrawn, they can investigate and find out whether the application was intended to be fraudulent.
H-1B Lottery and Multiple Registration
It is a common fraud to register the same person multiple times to increase the chance of winning the lottery. In the particular case in which the new decision came about, IT staffing firm Matter of Texperts filed an H1B petition for a database administrator. After the application was selected in the lottery, USCIS issued a notice of intent to deny, stating that the applicant worked with a related company to submit duplicate lottery registrations for the same beneficiary.Matter of Texperts withdrew the petition, and U.S. Citizenship and Immigration Services said the company committed fraud. The petitioner appealed against the Immigration Board. The Office of Administrative Appeals said USCIS has the authority to investigate alleged fraud. “Because the Texperts issue is a precedent decision, every USCIS official reviewing a withdrawal application will now be notified that withdrawal does not preclude the findings of a fraud investigation and that the agency has the authority to document such findings. This is no longer a matter of informal institutional practice but of written policy. ” Murthy Law Firm explained the new decision.
What does the new decision mean for future cases?
- Applicants and companies facing charges of fraud or misrepresentation cannot evade investigation simply by withdrawing their petitions.
- If a petition must be withdrawn, the petitioner must provide a thorough and substantial explanation proving that they did not commit any fraud or misrepresentation.
- Although H-1B workers may not be aware that multiple registrations have been made in their name, they may face a permanent bar from entering the United States.
