Law Office of Leila Freijy PLLC
Immigration & Compliance Law 
New attestation for H-1B lottery registrations
USCIS has added a new attestation which must be certified by the employer before H-1B lottery cases may be submitted for consideration in the H-1B lottery this year (FY 2023). The new attestation aims to avoid the same individual being registered by multiple employers.

This problem was uncovered during the lottery process last year when it became apparent that multiple companies had registered the same individual. This may have been the result of the individuals themselves asking multiple companies to register them without the companies themselves realizing that this was taking place. However, in some cases this may also have been the result of different companies working in concert to register each others H-1B candidates in an effort to "game the system" and try to increase the selection rate for their
H-1B candidates.

For FY 2023 (this year), the attestation that is required before submission will indicate:

“I further certify that this registration (or these registrations) reflects a legitimate job offer and that I, or the organization on whose behalf this registration (or these registrations) is being submitted, have not worked with, or agreed to work with, another registrant, petitioner, agent, or other individual or entity to submit a registration to unfairly increase chances of selection for the beneficiary or beneficiaries in this submission.”

If USCIS finds that this attestation was not true and correct (e.g., that a company worked with another entity to submit multiple registrations for the same beneficiary to unfairly increase chances of selection for that beneficiary), USCIS may determine that the registration was not properly submitted. If the registration was not properly submitted, the prospective petitioner would not be eligible to file an H-1B petition based on that registration.

USCIS may also deny or revoke a petition based on a registration that contained a false attestation and was therefore not properly submitted. Furthermore, USCIS may refer the individual or entity who submitted a false attestation to appropriate federal law enforcement agencies for investigation and further action as appropriate.
This client alert is being provided only to company representatives. Please share with your foreign national staff as you see fit or direct them to our web site where this client alert will be posted.

If you have any questions or concerns about the information provided in this email, please don't hesitate to contact me.
 
Sincerely,

Leila Freijy
Law Office of Leila Freijy PLLC
Law Office of Leila Freijy PLLC| FreijyLaw.com
Immigration & Compliance Law
Leila Freijy, Esq.
3150 Livernois Rd #103
Troy, MI 48083
248.817,8280
248.287.4115 (fax)