Multiple H1B applications would attract rejection: warns USCIS


Team Udayavani, Mar 30, 2018, 3:20 PM IST

Washington DC (USA): Multiple H-1B applications will lead to rejection of the petitions, a federal American agency has warned foreign workers, days ahead of the initiation of filing process for the non-immigrant visa, popular among Indian techies.

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.

Udayavani is now on Telegram. Click here to join our channel and stay updated with the latest news.

Top News

Rs 20.14 cr unaccounted cash seized in poll run up in Karnataka

HC grants bail to man held for sexually assaulting ‘friend’ at Mumbai beach in 2021

Congress’s Kolar conundrum remains unsolved despite CM, DCM attempt to quell dissent

Mangaluru: Illegal slaughterhouse raided by police, Three arrested

NIA arrests key conspirator in Bengaluru’s Rameshwaram Cafe blast case: Officials

RCB batting coach McKenzie backs Maxwell to come out of lean run

AAP using court for its political drama, repackaging old allegations: BJP

Related Articles More

Trump will attend the wake of a slain NYPD officer as he goes after Biden over crime

UN secy-general appoints top NDMA official as special representative for disaster risk reduction

Jaishankar meets Malaysian counterpart, discusses ‘multifaceted’ bilateral ties

Baltimore bridge collapse: Entire crew of container ship ‘Indian’

Cargo ship hits Baltimore’s Key Bridge, bringing it down. Rescuers are looking for people in water

MUST WATCH

Theft in a rented house @ Dandeli

World Sparrow Day

Sri Vishwaprasanna tirtha swamiji

How To Grow Healthy Red Amaranth leaves

Hotel Soorya


Latest Additions

Rs 20.14 cr unaccounted cash seized in poll run up in Karnataka

HC grants bail to man held for sexually assaulting ‘friend’ at Mumbai beach in 2021

Congress’s Kolar conundrum remains unsolved despite CM, DCM attempt to quell dissent

Mangaluru: Illegal slaughterhouse raided by police, Three arrested

‘No evidence of wrongdoing’: CBI closes UPA-era Air India aircraft leasing

Thanks for visiting Udayavani

You seem to have an Ad Blocker on.
To continue reading, please turn it off or whitelist Udayavani.