• search
For Quick Alerts
For Daily Alerts

Multiple H1B applications would attract rejection: warns USCIS


Washington, March 30: Days ahead of the initiation of filing process for the non-immigrant visa, popular among Indian techies, a federal American agency has warned foreign workers that multiple H-1B applications will lead to rejection of the petitions.

Multiple H1B applications would attract rejection: warns USCIS

The US Citizenship and Immigration Services (USCIS) has indicated that it would intensify scrutiny of such applications. The H-1B filing process begins from April 2 for the fiscal year 2019 starting October 1.

"After notice, we will deny or revoke the approval of all H-1B cap-subject petitions filed for one beneficiary by 'related entities' unless there is a legitimate business need," USCIS said.

H-1B petitioners who submit multiple cap-subject petitions on behalf of the same beneficiary undermine the integrity of the lottery process, it added.

The federal agency issued policy guidance related to H-1B petitions, clarifying how the term "related entities" applied to the bar on multiple H-1B filings. "Related entities" include petitioners, whether or not related through corporate ownership and control, that file cap-subject H-1B petitions for the same beneficiary for substantially the same job, it said.

"Absent a legitimate business need to file multiple cap-subject petitions for the same beneficiary," USCIS said, adding that it will deny or revoke the approval of all H-1B cap-subject petitions filed by related entities for that beneficiary.

Noting that a single employer "may not file more than one cap-subject petition for the same beneficiary even if there is a legitimate business need", it asserted that H-1B programme did not permit speculative employment.

It, however, recognised that occasionally an employer may extend the same beneficiary two or more job offers for distinct positions and therefore may have a legitimate business need to file two or more separate H-1B petitions on behalf of the same alien. The rule, however, precluded that practice if the beneficiary is subject to the cap.

USCIS recognised that allowing multiple filings by one employer on behalf of the same beneficiary could create a loophole for employers who seek to exploit the random selection process to the competitive disadvantage of other petitioners.

Such employers could file multiple petitions on behalf of the same alien under the guise that the petitions are based on different job offers, when the employment positions are in fact the same or only very slightly different.

Instead, USCIS explained that a petitioner could file one initial petition, and then if accepted under the cap, file an amended or new petition for concurrent employment.

The H-1B programme offers temporary US visas that allow companies to hire highly skilled foreign professionals working in areas with shortages of qualified American workers.


For Daily Alerts
Get Instant News Updates
Notification Settings X
Time Settings
Clear Notification X
Do you want to clear all the notifications from your inbox?
Settings X
We use cookies to ensure that we give you the best experience on our website. This includes cookies from third party social media websites and ad networks. Such third party cookies may track your use on Oneindia sites for better rendering. Our partners use cookies to ensure we show you advertising that is relevant to you. If you continue without changing your settings, we'll assume that you are happy to receive all cookies on Oneindia website. However, you can change your cookie settings at any time. Learn more