Published by: Live Mint: May 04, 2023
Quotes and Excerpts from Rajiv in the article:
What is H-1B visa fraud?
The fraud in the H1B lottery is attempting to increase an individual's chances of selection illegally, opines Rajiv S. Khanna, managing attorney at Immigration.com, the Law Offices of Rajiv S. Khanna, PC.
“Companies colluding with an individual or another company, or offering a fake job, may face penalties. Every lottery registrant (employer) electronically signs a declaration under a penalty of perjury affirming that the job offer is genuine and that there is no collusion. Perjury is a serious crime punishable by multiple years in prison."
Will the H-1B petition approval become tougher this year and in the years that follow?
Khanna pointed out that the USCIS is cracking down on duplicate filings and the employers can expect greater scrutiny. As to the future lotteries, there is still no clarity on this, and the topic is currently under discussion.
The government has indicated that it will take measures to curb this H1B fraud, and one suggestion put forth is to tie each entry to an individual's passport number and restrict them to only one application.
“This means, each individual will have only one application. So that way you don't increase somebody's chances unfairly, but it also creates an issue because there could be more than one genuine job offer, which might not be violating the regulation."
The impact of such measures on the tech industry remains to be seen, but they will definitely affect job seekers and companies alike. Ultimately, the success of these measures will depend on their implementation and enforcement.
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