29 March 2018

New Policy Memo Warns Against Multiple H-1B Cap Filings for the Same Beneficiary

USCIS issued a new policy memo on March 23rd, addressing the prohibition on multiple H-1B filings. Based on this policy guidance, USCIS will deny or revoke the approval of all cap-subject H-1B petitions filed by “related entities” for the same beneficiary absent a legitimate business need.

USCIS clarifies that the term “related entities” includes 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. This means that employers with multiple entities will need to think twice about filing multiple cap-subject H-1B petitions for the same individual.

Even further, entities who appear to have no relation at all are at risk for denial or revocation where other factors relevant to relatedness are involved. Some factors include familial ties, proximity of locations, leadership structure, employment history, similar work assignments, and substantially similar work documentation. For instance, USCIS may consider the beneficiary’s assignment to the same end-client through the same vendors as a factor to deny a petition where multiple filings by different entities are involved.

This decision establishes policy guidance that will be used to guide all determinations by USCIS employees. We expect that this policy will be strictly implemented. If your current situation sounds familiar, it is best that you speak with a qualified immigration attorney to go over your options.

 



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Posted March 29, 2018 by KrystalAlanis in category "H-1B", "Immigration News Updates

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