Important H-1B Update: FY 2024 H-1B Cap Petitions May Be Filed Starting April 1, 2023. The period for filing the H-1B cap-subject petition will be at least 90 days, through June 30, 2023. Learn more.

Important H-1B Update: FY 2024 H-1B Cap Petitions May Be Filed Starting April 1, 2023. The period for filing the H-1B cap-subject petition will be at least 90 days, through June 30, 2023. Learn more.

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.

Schedule a consultation

DUBLIN OFFICE

6379 Clark Avenue, Suite 260
Dublin, CA 94568

SANTA CLARA OFFICE

5201 Great America Parkway,
Suite 320, Santa Clara, CA 95054