Avoiding Critical Errors in H1B Registration

As the H1B cap registration season approaches, it is essential for employers to ensure that all information submitted in the electronic registration is accurate. With the transition to a beneficiary-centric registration system last year, even minor errors can have significant consequences. While the U.S. Citizenship and Immigration Services (USCIS) has indicated typographical errors may not automatically lead to a rejection or denial of the H1B petition (if selected), the burden remains on the employer to demonstrate that the information in the registration and H1B petition is correct and “is based on a valid registration submitted for the beneficiary named in the petition.” Given the heightened scrutiny in the current immigration climate, avoiding mistakes in the initial registration is more important than ever.

Ensuring Accuracy in H1B Registrations

Employers and their representatives, if applicable, should take special care when entering beneficiary-specific details, such as the beneficiary’s name, date of birth, passport number, and other identifying information. Under the registration system, the USCIS uses passport or travel document information, along with other biographical information, as key identifiers to ensure that each beneficiary is registered only once in the lottery. According to the USCIS, requiring a valid passport or travel document, combined with the other biographical information, “will allow USCIS to identify unique individuals more reliably, increasing the likelihood that each individual would have the same opportunity to be selected.”

If the information entered in the registration does not exactly match the details in the H1B petition, the petitioning employer must provide sufficient documentation to establish that the selected registration corresponds to the beneficiary. This is particularly important for typographical errors in critical fields related to the beneficiary, such as name and passport number.

Avoiding Duplicate Registrations Due to Inconsistencies

One of the primary objectives of the beneficiary-centric registration system is to prevent individuals from getting multiple opportunities to be selected in the lottery, thereby ensuring a fairer selection process. If, however, an employer submits a registration with a typographical error in the beneficiary’s passport number, and another employer submits a registration with the correct passport number, the USCIS may treat these as two distinct registrations. This could inadvertently result in the beneficiary having multiple entries in the lottery. If discovered, this could lead to severe consequences, including the rejection or denial of both H1B petitions.

Heightened Scrutiny Under the Current Administration

With the return of the Trump administration, we anticipate heightened scrutiny in H1B adjudications, including a stricter approach to errors and inconsistencies in H1B registrations. Given the administration’s prior immigration policies, we expect the USCIS to take a less forgiving stance on registration mistakes, which could result in unnecessary denials or requests for evidence (RFEs). To minimize risk, employers should conduct a thorough review of all registration entries before submission and, if selected, ensure that any necessary clarifications are proactively addressed in the H1B petition.

Conclusion

Accurate data entry is more critical than ever in the H1B registration process. Given the USCIS policy emphasizing the importance of beneficiary-specific information, employers must ensure that all details are entered correctly at the time of registration. Even small errors could lead to significant complications, including duplicate registrations, RFEs, or potential rejections or denials. Employers should work closely with experienced immigration counsel to review registrations before submission and address any discrepancies proactively in the H1B petition. By taking these precautions, employers can help safeguard their H1B cases and improve their chances of a smooth approval process.

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