H-1B Registrations Denied Due to Duplicate Submissions

Practice Alert: H-1B Registrations Denied Due to Duplicate Submissions

AILA Doc. No. 20033136 | Dated April 7, 2021

April 7, 2021

Some AILA members have reported that they have recently received a Form I-797C, Notice of Action from USCIS for some H-1B registrations indicating that the registration is invalid due to duplicate registration pursuant to 8 CFR 214.2(h)(8)(iii)(A)(2).

Last year, AILA received similar reports from members about duplicate registrations and reached out to USCIS about the issue and provided case examples. After investigating the issue, USCIS provided information to AILA about why duplicate registrations may have occurred which was shared with members on April 9, 2020 in the practice alert below.

We are providing again the information that USCIS shared with AILA last year as it may be useful to members who are encountering the issue of duplicate registrations who are seeking more information about how a duplicate registration may have occurred. USCIS has indicated that the most common reasons for duplicate registration invalidation are that:

  1. There is a submission from 1) the Registrant (the prospective petitioner); and 2) the Representative on behalf of the Registrant (with associated G-28). This means that the Representative submitted one registration for the named beneficiary on the Registrant’s (client) behalf, and the Registrant separately submitted an additional registration for the same beneficiary without the Representative. Therefore, two registrations were submitted for the same Registrant and beneficiary and both registrations were invalidated consistent with 8 CFR 214.2(h)(8)(iii)(A)(2).

    In some cases, the Representative created two registrations for the same Registrant and beneficiary, and correctly deleted one of the multiple registrations that they entered. However, the Registrant directly submitted a separate registration for the same beneficiary, without the use of their Representative, thereby submitting a duplicate registration.
  2. There is a withdrawn G-28, but the H-1B registration for the named beneficiary was not deleted. This means that the Representative submitted one registration (with associated G-28), for the named beneficiary on the Registrant’s (client) behalf and subsequently withdrew the G-28 from the submitted registration. Withdrawing an associated G-28 from a registration does not delete a submitted registration from the system. It removes the Representative’s ability to represent the Registrant on the H-1B submission and to see the registration in the system. However, the registration remains visible to the Registrant and valid in the system.

    Therefore, when the Representative or Registrant submitted a second registration for the named beneficiary, two registrations were submitted for the same Registrant and beneficiary and both registrations were invalidated consistent with 8 CFR 214.2(h)(8)(iii)(A)(2).

Relatedly, USCIS provided the following information in its February 2021 presentation: Overview of the H-1B Electronic Registration Process – A Webinar For Attorneys and Representatives regarding the withdrawal of Form G-28 and its impact on the registration process.

Please note, withdrawing an associated G‐28 from a registration does not delete a submitted registration from the system. If a registrant and their representative each separately submit a registration for the same beneficiary, even by mistake, it will invalidate the registrations. If a representative withdraws the G‐28, they will no longer be able to view the status of any registrations submitted in connection with that G‐28 in their account. However, that does not mean that the registrations are deleted. The registrant would need to go into their account to verify that duplicate registrations are deleted and are not submitted.

Upon reaching out to USCIS about this issue earlier this month, USCIS provided AILA with a third explanation regarding how to determine whether a duplicate registration occurred:

Sometimes users have more than one USCIS online account. If several USCIS online accounts exist, the H-1B registrations and duplicate registrations will only be visible using the account login information used at the time the H-1B registrations were created. The Attorney or Accredited Representative who created the registrations, must log in with the Attorney or Accredited Representative account, used at the time of registration, to access the H-1B registrations. Similarly, the client must log in with the Registrant account, used at the time of registration, to view any H-1B registrations submitted under the Registrant account.

Last year, many members who originally reported this issue to AILA subsequently reported to AILA that they discovered user error after reviewing their records and/or discussing the issue with their clients. Members experiencing a notice from USCIS of a duplicate submission should double check their records, as well as reach out to their clients and ask them for a screen shot of what they can see in their MyUSCIS account as this might provide some clues, and well as confirming with the client that they did not submit a duplicate registration or pay a $10 registration fee.

If after investigating the issue further members are not able to determine where/how the duplicate registration occurred, members should gather additional information and documentation to clearly demonstrate that a duplicate H-1B registration did not occur, such as screen shots of their registration portal, in order to refute the issue with USCIS. Please email this information to AILA at reports@aila.org subject line “Duplicate Registration” so that AILA can escalate such cases to USCIS for further review. Please note that AILA will not be able to intervene on registrations where there was user error (i.e., a duplicate registration was submitted inadvertently).

AILA will continue to monitor this issue and provide additional information or updates as more information becomes available.


April 9, 2020

AILA followed up with USCIS for additional clarification and information regarding the H-1B registration duplicate submission issue that members have been reporting. USCIS responded that the agency has not currently found any duplicate registration invalidations due to technical issues associated with the registration system. In addition, USCIS provided a second common reason regarding why a duplicate submission occurred. USCIS’s response is provided below, which sets forth the second common reason for invalidations:

Our teams have been examining every individual inquiry received. During this research, they identified a second common reason for the duplicate entries. We updated the information below to add details about the second common reason. See #2 in the response.

The most common reasons for invalidation are that:

  1. There is a submission from 1) the Registrant (the prospective petitioner); and 2) the Representative on behalf of the Registrant (with associated G-28). This means that the Representative submitted one registration for the named beneficiary on the Registrant’s (client) behalf, and the Registrant separately submitted an additional registration for the same beneficiary without the Representative. Therefore, two registrations were submitted for the same Registrant and beneficiary and both registrations were invalidated consistent with 8 CFR 214.2(h)(8)(iii)(A)(2).

    In some cases, the Representative created two registrations for the same Registrant and beneficiary, and correctly deleted one of the multiple registrations that they entered. However, the Registrant directly submitted a separate registration for the same beneficiary, without the use of their Representative, thereby submitting a duplicate registration.
  2. There is a withdrawn G-28, but the H-1B registration for the named beneficiary was not deleted. This means that the Representative submitted one registration (with associated G-28), for the named beneficiary on the Registrant’s (client) behalf and subsequently withdrew the G-28 from the submitted registration. Withdrawing an associated G-28 from a registration does not delete a submitted registration from the system. It removes the Representative’s ability to represent the Registrant on the H-1B submission and to see the registration in the system. However, the registration remains visible to the Registrant and valid in the system.

    Therefore, when the Representative or Registrant submitted a second registration for the named beneficiary, two registrations were submitted for the same Registrant and beneficiary and both registrations were invalidated consistent with 8 CFR 214.2(h)(8)(iii)(A)(2).

USCIS has indicated that it will share this same information with others who submit questions about the duplicates.

Please note that a few members who originally reported this issue to AILA have subsequently reported to AILA that they have discovered user error after reviewing their records and/or discussing the issue with their clients.

Members experiencing this issue should double check their records, as well as reach out to their clients and ask them for a screen shot of what they can see in their MyUSCIS account as this might provide some clues, and well as confirming with the client that they did not submit a duplicate registration or pay a $10 registration fee. If after investigating the issue further the response provided by USCIS does not address your specific situation, members should gather additional information and documentation to clearly demonstrate that a duplicate H-1B registration did not occur in order to refute the issue with USCIS by following up with USCIS via the public engagement email box: public.engagement@uscis.dhs.gov so that USCIS can continue to research your specific issue.

AILA is continuing to investigate the issue to better understand what occurred and to provide user feedback on the registration tool to USCIS.


April 7, 2020

USCIS has indicated to AILA that the agency has researched the reports it received regarding H-1B registrations denied due to duplicate submission. USCIS provided the following response to AILA on this issue:

Our teams examined your submission(s) carefully and determined that your duplicate registration invalidations were not due to a technical issue but rather were properly identified, and invalidated, as duplicate registrations. The most common reason for invalidation is that there is a submission from 1) the Registrant (the prospective petitioner); and 2) the Representative on behalf of the Registrant (with associated G-28). This means that the Representative submitted one registration for the named beneficiary on the Registrant’s (client) behalf, and the Registrant separately submitted an additional registration for the same beneficiary without the Representative. Therefore, two registrations were submitted for the same Registrant and beneficiary and both registrations were invalidated consistent with 8 CFR 214.2(h)(8)(iii)(A)(2).

In some cases, the Representative created two registrations for the same Registrant and beneficiary, and correctly deleted the duplicate registrations that they entered. However, the Registrant directly submitted a separate registration for the same beneficiary, without the use of their Representative, thereby submitting a duplicate registration.

USCIS developed many information resources and did extensive outreach about the registration process, including information on invalidation if duplicate registrations are submitted.This potential Registrant/Representative duplicate error was covered in our Questions and Answers in response to stakeholder questions.

Only valid registrations were considered for the selection process. Since these registrations are duplicate, they remain invalid and cannot be considered for selection.

USCIS has also indicated to AILA that it will share this information with individuals who contacted the public engagement mailbox.

AILA members are encouraged to doublecheck their records and to communicate with their client(s) to confirm that a duplicate H-1B registration was not accidentally submitted by the representative or the registrant (the prospective petitioner) for impacted beneficiaries. If after investigating the issue further the response provided by USCIS does not address your specific situation, members should gather additional information and documentation to demonstrate that a duplicate H-1B registration did not occur in order to refute the issue with USCIS.

AILA is continuing to investigate this issue and will update this practice alert if additional information becomes available.


April 2, 2020

AILA has also notified the Office of the Citizenship and Immigration Services Ombudsman regarding this issue. In addition to taking the steps outlined below, members are encouraged to also report this issue directly to the Ombudsman by completing Form 7001: https://www.dhs.gov/topic/cis-ombudsman/forms/7001 so that the Ombudsman can help further investigate the issue.

AILA will update this practice alert as soon as more information becomes available.

Members can share their experiences navigating the H-1B registration process in the AILA Message Forum in the following thread dedicated to H-1B registration issues:
https://messages.aila.org/forumdisplay.php?153-H-1B-Registration-Tool


March 31, 2020

AILA has received reports from members indicating that they have received a denial notification in their MyUSCIS accounts for certain H-1B electronic registrations on the basis that the H-1B registration is a duplicate submission. In particular, members report that the status for certain beneficiaries has been updated in their MyUSCIS account to indicate that the status of the beneficiary is “denied” and USCIS has provided a Form I-797C Notice in the MyUSCIS account indicating that the registration has been denied on the basis that a duplicate H-1B registration was submitted by the same petitioner for the same beneficiary.

Several of the impacted H-1B registrations appear to follow a similar or related fact pattern: The H-1B registration was completed and the fee was paid for the particular beneficiary. Subsequently, a typographical error was noticed on the registration so the registration was deleted. Subsequently, a new registration was completed and submitted for the beneficiary. Even though the “first” registration was properly deleted and is no longer visible in the MyUSCIS account, members report receiving a notification indicating that the registration was denied by USCIS due to a duplicate submission by the same petitioner for the same beneficiary. Other fact patterns exist, including members who report that the H-1B registration and G-28 were drafted, but before the registration was submitted, the attorney recalled the G-28 and a new G-28 was drafted and submitted with the H-1B registration. The fact patterns listed above are not an exhaustive list. AILA is aware that other similar or related fact patterns may exist for H-1B registrations impacted by this issue.

For members experiencing this issue, AILA recommends that members please email public.engagement@uscis.dhs.gov and bcc reports@aila.org. In your email, please include a summary of the issue you are experiencing, screen shots from your MyUSCIS account showing the denied status of the impacted beneficiary, the Registration Duplicate notice from USCIS (Form I-797C), and any other relevant information. Please use the subject line “H-1B registration denied due to duplicate submission.”

AILA reported this issue to USCIS earlier today. USCIS has confirmed to AILA that the agency is aware of the issue and is reviewing it more closely. AILA will update this practice alert as soon as more information becomes available.

Cite as AILA Doc. No. 20033136.

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