USCIS Guidance Adds Consequences for Immigrant Fraud Findings

Withdrawing an H-1B petition or application for benefits won’t prevent US Citizenship and Immigration Services from making a fraud finding that could have consequences for future requests, the agency said in recent guidance.

USCIS must generally make findings of fraud or willful misrepresentation before denying or revoking a benefit, so applicants often drop a benefit request rather than fighting the allegations. A precedential decision at the agency’s Administrative Appeals Office clarified that when officers believe petitioners were involved in conduct like improperly gaming the H-1B lottery, they can make those findings even after a withdrawal.

The conclusion in that appeals ...