Withdrawn H-1B petition can still trigger fraud investigation, new USCIS decision says

Withdrawn H-1B Petition Still Triggers Fraud Investigation

A recent landmark decision by the USCIS Administrative Appeals Office has clarified that withdrawing an H-1B petition does not prevent fraud investigation. This precedent will now apply to all immigration petitions.

Understanding the Impact:

Previously, withdrawing a petition was thought to avoid scrutiny, but this new decision changes that. USCIS officials can still investigate for fraud even if a petition is withdrawn. The Matter of Texperts case sets a precedent where withdrawal alone does not stop fraud findings.

H-1B Fraud and Multiple Registrations:

Fraud often involves multiple registrations for the same beneficiary to increase their chances in the H-1B lottery. The Texperts case highlights this practice, where duplicate registrations were made by related companies.

Consequences for Petitioners:

Petitioners must provide thorough explanations if they withdraw to avoid fraud accusations. This decision could lead to permanent bans for H-1B workers without their knowledge.