USCIS H1B 2024 Registrations Denied by Mistake

USCIS received about 275k registrations for the 2024 season of H1B visas. All of these requests were processed using their new online tool for H1B registrations. In most cases, the system will have to go through a number of tests, and only be launched when it is pretty much perfect – but now and again, errors appear due to how the system went under the test.

Apparently, such mistakes occurred with the USCIS registration system for the H1B system as well. The problem was brought up because many registrations were denied – seemingly due to an error. AILA is assessing this situation, but we are still looking into what this means – and what we may further expect from these errors.

Why Were H1B Registrations Mistakenly Denied?

Generally speaking, as per the rules of USCIS in regards to H1B duplicate filing, the same beneficiary may not file duplicates – no matter if they are for the same job or similar companies. The same thing applies to H1B registrations as well after COVID-19 layoff. In other words, if there is more than one registration submitted under the same name or applied by the same employee, the system will consider that registration a duplicate.

Once it is deemed as a duplicate, it will automatically be set as “Denied” and will put a stop to any individual’s chances of getting a visa. In short, it won’t be entering the H1B visa lottery. AILA received reports from a variety of attorneys that their registration was denied by USCIS – even though they did not submit any duplicates. The registrations were submitted properly, without duplicating them in any way.

How Many 2024 H1B Registrations Were Affected?

According to Forbes, the glitch in the registration system led to over 100 registrations being mistakenly denied – possibly even more than that. It is difficult to say exactly how many of these registrations were actually denied by mistake, as they would have to be reported first. If there is no report, then the mistake will not come out. All they know is that about 31 immigration attorneys reported this issue – at this point, calculating over 100 people who were wrongfully denied their registration.

What Caused the Duplicates and Other Issues?

We have yet to determine exactly what caused the duplicates and why they were denied. As an example, a Fragomen attorney mentioned that they needed to update some of the info, which is why they deleted the application and submitted the updated one. That application ended up being denied.

As a result, it might be because the file was deleted and resubmitted, causing an impact on the registration. Maybe the USCIS lottery system never actually deletes their history and data and uses it to see if they are any duplicates. We cannot say for sure if that is the case, as these are only assumptions that we could make based on what we know.

There could be other causes for this as well. For instance, some payments may have been processed on the second run, but the system still had the confirmation status as being “rejected” from the first round. The possibilities are endless, and only an analysis done by USCIS will be able to confirm exactly what happened and why so many people woke up to see their registration denied.

What Is USCIS’s Guidance Regarding Mistakenly Denied Registrations?

Many people in this situation are wondering whether USCIS has given any guidance in regard to this issue or not. A number of attorneys have reached out, sending letters to USCIS and informing them of the situation – but so far, there haven’t been any responses. The population is still waiting for updates as the USCIS offices are closed due to the COVID-19 pandemic, making USCIS quite unresponsive. This is also why there is so much uneasiness going on, as people do not know how their visas will be affected.

What Should Employers Do If They Received a Denied Status?

If you are an employer and see that this has happened to you, the first thing that you should do is to verify the registrations that you submitted. See if there are any duplicates on your part – and if there aren’t, yet the “Denied” status is still flashing at you, then you might want to contact your immigration lawyer.

You should talk directly to the ones who are planning the H1B files for your business, or you may contact USCIS or raise the issue to AILA – particularly if you are a member. In the hopes that USCIS manages to return with a solution, the fact that you contacted them beforehand might help solve your problem sooner.

On the other hand, if you are the applicant, you may ask your employer to re-check their submissions. If they see that there are issues with your submission, ask them to contact USCIS or their immigration attorney. This situation has proven difficult for many people, and at this point, we still don’t know exactly what to expect of it.

Frequently Asked Questions

Many people have quite a few questions in regard to this situation – some of them with answers that are not yet clear. With COVID-19 layoffs threatening their visa, they want to know that at least the situation will be solved. So, here are some of the questions that are commonly popping up.

Will the 2024 H1B Lottery Be Run Again?

Many people are wondering if the 2024 H1B lottery will be run again, as this was an issue caused by the system. However, this is still a question that we do not know the answer to. They may do it, or may not – all depending on how many people were affected by this. USCIS does, however, have the discretion to do a couple of things if they believe that this was truly a mistake.

What Will USCIS Do If the Denials Are Found to Be a System Issue?

We have no guidance from USCIS on this matter either. If they do confirm that it was an honest mistake and they had a bug in the system, they may run the lottery once more on the registrations that have been previously denied by mistake. However, we do not know how that will work – and at this point, all that we can do is make assumptions and hope that the situation will resolve eventually.

Will the AILA File a Lawsuit?

A lawsuit will only come into the picture when USCIS fails to address the matter and does not come with a solution. At this point, there are no plans to file a lawsuit, and AILA is still trying to get in contact with USCIS for more information. USCIS has not given back any updates, causing many people to be on edge because of the situation.

If the situation goes on and USCI still fails to come up with a response (along with a solution), then there is the possibility that AILA will file a lawsuit. This is still in the “maybe” category, and we cannot say anything for certain.

Final Thoughts

This mistake caused by the USCIS registration system caused a lot of trouble for people working in the United States on an H1B visa. Still, we do not have a lot of information to go on at the moment – so, all that we can do right now is to wait and see.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

See author's posts