USCIS Acknowledges SOC Code Manipulation Risk in H-1B Lottery Process

USCIS and DHS have formally acknowledged the risk of SOC (Standard Occupational Classification) code manipulation in the H-1B lottery registration process, according to regulatory discussions published in the Federal Register. This development reflects growing scrutiny over how employers classify workers during the registration stage under newer H-1B rules. Under updated H-1B regulations, employers are now required to submit the SOC code, wage level, and job location at the registration stage itself — not just during the petition filing phase. This earlier disclosure requirement was intended to improve transparency, but regulators noted it also creates potential for employers to strategically select SOC classifications that may not accurately reflect job duties, particularly if wage levels factor into selection odds. USCIS indicated it will conduct consistency checks across three documents: the initial registration, the Labor Condition Application (LCA), and the final H-1B petition. Discrepancies in SOC code, wage level, job duties, or work location between these filings could result in Requests for Evidence (RFEs), petition denials, or in serious cases, fraud investigations. While this issue primarily concerns H-1B workers, it has indirect relevance to EB-3 applicants. Many EB-3 petitions follow an H-1B sponsorship path, and employer practices around job classification and prevailing wage compliance carry over into the PERM labor certification process. Employers who engage in classification inconsistencies on H-1B filings may face heightened scrutiny across all immigration petitions. Applicants are advised to verify that their job title, duties, and SOC code are accurately and consistently represented across all immigration filings. If an employer changes the SOC code between registration and petition stages, workers should seek clarification, as this could create compliance issues and jeopardize the petition.