USCIS has recognized the potential for SOC code manipulation in the H-1B lottery registration process, as outlined in their recent regulatory discussion. This acknowledgment comes as part of the new H-1B rules for the fiscal year 2027, which require employers to submit the Standard Occupational Classification (SOC) code, wage level, and job location during the registration phase.
Key Details:
- Employers must provide SOC code, wage level, and job location at registration.
- Concerns exist that employers may select higher-paying SOC codes to improve selection odds.
- USCIS will conduct consistency checks between registration, Labor Condition Application (LCA), and final H-1B petition.
- Inconsistencies may lead to Requests for Evidence (RFEs), petition denials, or fraud investigations.
This development highlights the importance for H-1B applicants to ensure their job title, duties, and SOC code align throughout the process. Any changes in SOC codes by employers could raise red flags during scrutiny.
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Source: r/h1b