USCIS Publishes Interim Rule on Multiple H-1B Visa Filings

19 Mar 2008

USCIS has just published an interim final rule that would prohibit employers from filing multiple H-1B petitions for the same employee. USCIS is implementing this change to make sure that companies filing H-1B petitions that are subject to congressionally mandated numerical limits have equal chances to gainfully employ H-1B workers. In order to make sure the minimal amount of available H-1B visas are equally and fairly distributed, USCIS has stated that it will deny or revoke multiple petitions filed by an employer for the same H-1B worker. Note that USCIS will not refund the filing feels submitted with multiple/derivative petitions. However, USCIS also states that “this rule does not preclude related employers (such as a parent company and its subsidiary) from filing petitions on behalf of the same alien for different positions, based on a legitimate business need."