Litwin & Smith, A Law Corporation
Case Status

H1B Cap Petition Filed By Multiple Employers Ok. May H1B Cap petition for the same beneficiary be filed by two different companies? The two companies have common ownership, but different EIN.

My employer told me that he has two entities. One entity he owns 100%. Another smaller entity he owns some shares of it. The two entities have different EINs. The smaller one has been dormant until last year. The smaller entity started to pay salaries in last year. Under this situation, can I file H1B visa applications with these two entities? If I do file with these two entities, will these two applications have higher risk of being checked and denied?

An H1B beneficiary is permitted to be sponsored by multiple H1B Cap employer petitions. While a single employer is prohibited from filing multiple petitions on behalf of the same beneficiary. USCIS identifies an employer by EIN. Related employers with different EINs are different employers for H1B sponsorship. H1B petitions filed by such companies do not have a higher risk of denial on this basis.

No Comments

Leave a comment
Comment Information

Santa Clara Office 5201 Great America Parkway, Suite 320 Santa Clara, CA 95054 Phone: 408-998-1159 Fax: 650-588-4302 Map & Directions

South San Francisco Office 1435 Huntington Ave, Suite 336 South San Francisco, CA 94080 Phone: 650-588-7100 Fax: 650-588-4302 Map & Directions

San Francisco Office 425 Market Street, Suite 2200 San Francisco, CA 94105 Phone: 415-392-3300 Fax: 650-588-4302 Map & Directions

Google Plus Google Plus Google Plus