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Starting April 1 FY 2022 H-1B Cap Petitions May Be Filed

H-1B cap-subject petitions for FY 2022, including those petitions eligible for the advanced degree exemption, may be filed with USCIS beginning April 1, 2021, if based on a valid, selected registration.

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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

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