Khanna is a member of the Virginia and D.C. Bars and the principal of the Law Offices of Rajiv S. Khanna, PC. Since 1993, he has focused his and the firm’s practice on employment and business-based immigration and related administrative and federal audits, investigations and litigation. The firm represents individuals and businesses from every major city in the US and internationally.

The answer is, yes, if the lottery registration entries are not made by “related” employers, and the job offers are honest (bona fide).

This question has created much confusion amongst the employers and the employees Because of a new declaration introduced by the USCIS. Every employer who signs up an H1B employee for the lottery registration must now declare “under penalty of perjury:”

“[T]hat all of the information contained in the submission is complete, true, and correct. For FY 2023, the attestation that is required before submission will indicate, “I further certify that this registration (or these registrations) reflects a legitimate job offer and that I, or the organization on whose behalf this registration (or these registrations) is being submitted, have not worked with, or agreed to work with, another registrant, petitioner, agent, or other individual or entity to submit a registration to unfairly increase chances of selection for the beneficiary or beneficiaries in this submission.”

The USCIS further cautions:

“If USCIS finds that this attestation was not true and correct (for...

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