The US government’s decision to change the way visas are chosen annually was largely motivated by worries about abuse and manipulation in the H-1B visa system.
In a federal letter this week, the Department of Homeland Security claimed that the modifications were necessary to maintain fairness in the cap-subject H-1B program and promote “process integrity.”
These new regulations list a number of behaviors, such as wage manipulation, contradictory work information, and filing multiple registrations linked to related organizations, that the DHS said triggered red flags during recent filing cycles.
The DHS made a compelling argument, stating that the changes are intended to lessen the incentives for employers to manipulate the system and to guarantee that choices are based on genuine job offers rather than calculated applications.
The possibility of firms inflating wages on paper to increase selection chances was one issue raised in public comments. According to DHS, the regulation contains protections to deter such activity and encourage uniformity across final petitions and registrations.
The department also highlighted the possibility of job location manipulation. Some users cautioned that the system’s legitimacy is threatened if higher-paying places are listed during registration with the intention of placing workers somewhere afterward.
DHS stated that it would concentrate on maintaining consistency between the information provided in the entire petition and the information provided during registration, including employment responsibilities, pay scales, and work locations.
The DHS stated that the use of several registrations for the same worker was another concern brought up. It was related to companies filing separate registrations for a single beneficiary, which distorted selection results and eroded confidence in the process.
The final rule specifies penalties for false or deceptive submissions and strengthens certification standards. According to DHS, this is meant to discourage misuse and lessen needless burden on adjudication resources.
According to the federal notification, a number of commenters cautioned that employers could deliberately choose job codes to justify higher wages without demonstrating actual job duties, while the department addressed concerns regarding manipulation of job classifications under the Standard Occupational Classification system.
It stated that the rule is limited to modifications within current H-1B regulations and does not add new environmental, tribal, or federalism impacts requiring further review. The rule was designed to provide a clearer legal standard and reduce ambiguity, helping both employers and regulators understand compliance expectations.
The department insisted that the updated procedure will maintain access to highly qualified personnel while enhancing openness.
Since there is still significantly more demand for visas than there are available, the H-1B program, which Congress caps each year, has been under constant investigation for fraud, fairness, and enforcement.
During stalled reforms on Capitol Hill, US immigration officials have increasingly relied on regulatory measures rather than legislation to fix systemic flaws.
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FIIDS requests that the Trump administration expedite the processing of H-1B visas