More Than 40 Years Of Immigration Law Counsel

Featured Announcement

FY 2022 H-1B Cap Registration Begins March 8, 2021

The FY 2022 H-1B Cap Registration period will begin March 8, 2021, and end March 26, 2021.

The new H-1B cap registration final rule (86 FR 1676) modifying the H-1B cap selection process, amending current lottery procedures, and prioritizing prevailing wage takes effect on March 8, 2021. Our firm expects this to be the start date of the 2022 H-1B cap registration period, even if Biden withdraws the final rule.

  1. Home
  2.  » 
  3. Important Announcements
  4.  » H1B Beneficiary Multiple Filings Bar Related Petitioner Definition Expanded

H1B Beneficiary Multiple Filings Bar Related Petitioner Definition Expanded

For purposes of the bar to filing multiple H-1B cap-subject petitions for the same beneficiary, 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. Absent a legitimate business need to file multiple cap-subject petitions for the same beneficiary, USCIS will deny or revoke the approval of all H-1B cap-subject petitions filed by “related entities” for that beneficiary.

The following immigration policy memorandum is now available on the Policy Memoranda section of the USCIS website: Matter of S- Inc., Adopted Decision 2018-02 PM-602-0159

Experience Icon

%

Years Experience

Experience Icon

Employers

Experience Icon

Countries

Experience Icon

%

Approval Rating