Multiple H-1B Applications To Get Rejected By US: 10 Latest Developments
- 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.
- 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.
- 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".
- The USCIS instructed its personnel to follow the reasoning in this decision in similar cases.
- 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.
- 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.
- "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.
- 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".
- 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.
- 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.
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