Multiple H-1B Applications To Get Rejected By US: 10 Things To Know

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March 30, 2018

The US government has decided not to entertain multiple H-1B petitions. H-1B visas are most sought after by Indian IT professionals. The USCIS – the nodal agency responsible for immigration to the US – has directed its personnel to reject multiple H-1B petitions.

March 30, 2018

The US government has decided not to entertain multiple H-1B petitions. H-1B visas are most sought after by Indian IT professionals. The USCIS – the nodal agency responsible for immigration to the US – has directed its personnel to reject multiple H-1B petitions.

In a communication to USCIS personnel, the US agency has said that without "a legitimate business need to file multiple cap-subject petitions for the same beneficiary", it would "deny or revoke the approval of all H-1B cap-subject petitions filed by 'related entities' for that beneficiary". The development comes days before the US government will start accepting H-1B petitions for fiscal year 2019.

  1. The USCIS cited the judgement in a case related to IT company S-Inc. "Matter of S- Inc. addresses the prohibition on multiple H-1B filings by related entities (such as a parent company, subsidiary, or affiliate)," the USCIS said.
  2. The software development and consulting firm had sought to classify the beneficiary as an H-1B non-immigrant to temporarily employ the beneficiary as a programmer analyst, it noted.
  3. The Director of the US immigration agency's CIS Vermont Service Center revoked the petition's approval, stating that a "related entity", C- LLC, had "impermissibly filed petitions for the same beneficiary".
  4. The USCIS instructed its personnel to follow the reasoning in this decision in similar cases.
  5. The matter of S- Inc 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.
  6. Without a legitimate business need to file multiple cap-subject petitions for the same beneficiary, the USCIS will deny or revoke the approval of all H-1B cap-subject petitions filed by "related entities" for that beneficiary.
  7. "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 noted.
  8. The memorandum directed USCIS personnel to refer to the policy memorandum "solely for the guidance of USCIS personnel in the performance of their official duties".
  9. The US government had earlier this month suspended premium processing of H-1B visas petitions for fiscal year 2019. The USCIS had said the temporary suspension would help it "reduce overall H-1B processing times.
  10. 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.

Courtesy/Source: NDTV Profit

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