US targets alleged manipulation in H-1B system under new rule
Washington: system as a key driver behind its decision to overhaul how visas are selected each year.
The Department of Homeland Security, in a federal notification this week, asserted that the changes were needed to strengthen “process integrity” and preserve fairness in the cap-subject H-1B program.
These new rules outline a range of practices that the DHS said raised red flags during recent filing cycles, including wage manipulation, inconsistent job information, and the filing of multiple registrations tied to related entities.
Making a strong case, the DHS asserted that the amendments aim to reduce incentives for employers to game the system and to ensure that selections reflect legitimate job offers rather than strategic filings.
One concern flagged in public comments was the potential for employers to inflate wages on paper to improve selection chances. DHS said the rule includes safeguards to discourage such behavior and promote consistency between registrations and final petitions.
The department also pointed to risks of manipulation involving job locations. Some commenters warned that listing higher-paying locations during registration, while intending to place workers elsewhere later, threatens the system’s credibility.
DHS said it would focus on consistency between the information submitted during registration and the details provided in the full petition, including job duties, wage levels, and work locations.
Another issue raised involved the use of multiple registrations for the same worker, the DHS said, adding that it related to entities filing separate registrations for a single beneficiary, distorting selection outcomes and weakening trust in the process.
The final rule reinforces certification requirements and outlines consequences for inaccurate or misleading filings. DHS said this is intended to deter abuse and reduce unnecessary strain on adjudication resources.
While the department dealt with concerns regarding manipulation of job classifications under the Standard Occupational Classification system, several commenters warned that employers could strategically select job codes to justify higher wages without showing real job duties, according to the federal notification.
The rule was intended to furnish a clearer legal standard and reduce ambiguity, helping both employers and regulators understand compliance expectations, it said, and noted that it is limited to changes within existing H-1B regulations and does not add new environmental, tribal, or federalism impacts requiring additional review.
The department maintained that the revised process would improve transparency while preserving access to high-skilled workers.
The H-1B program, capped annually by Congress, has faced repeated scrutiny over fraud, fairness, and enforcement as demand for visas continues to far exceed supply.
US immigration authorities have increasingly relied on regulatory changes rather than legislation to address weaknesses in the system during stalled reforms on Capitol Hill.
