USCIS scrutiny rising — withdrawals don't erase fraud
USCIS guidance clarified that withdrawing an H‑1B or other benefit petition does not prevent fraud findings against employers or beneficiaries, and practitioners are reporting a rise in RFEs on H‑1B and I‑140s tied to any prior law‑enforcement encounters. That combination raises long-term exposure for employers and increases the importance of thorough responses when agencies probe past issues. ( )
Matter of TEXPERTS, Inc., 29 I&N Dec. 491 (AAO 2026) is the Administrative Appeals Office precedent designated in early March 2026 that underpins USCIS’s new leadership guidance on post‑withdrawal adjudications (Justice Department EOIR PDF; USCIS Leadership Guidance, Mar. 9, 2026). (justice.gov)) The AAO held that an officer may document findings of fraud or willful misrepresentation after a petitioner withdraws a benefit request and may use those findings in adjudicating future benefit requests, but any such finding must be supported by record evidence and legal analysis. (justice.gov)) USCIS’s March 9, 2026 leadership guidance tells adjudicators to use precise language and to prefer findings of “willful misrepresentation of a material fact” where the elements are clearer, and it instructs officers to explain how the evidence meets the legal standard in each case. (uscis.gov)) Immigration practitioners and firm blogs report an uptick in RFEs for H‑1B and I‑140 filings that probe prior law‑enforcement encounters, with firms noting more requests for home‑address histories, biometrics, and police/arrest records in recent weeks. (murthy.com)) The agency and practitioners warn that a documented finding of fraud or willful misrepresentation can trigger inadmissibility consequences and be cited against employers and beneficiaries in later petitions, while separate aggressive I‑140 RFE trends already include employer‑wide “ability to pay” and roster audits. (visaverge.com)) The AAO in TEXPERTS also remanded the matter for lack of specific evidentiary findings by the director, and USCIS’s internal memo emphasizes that future adjudications must articulate the factual basis for any fraud or misrepresentation determination. (justice.gov))
