Multiple H-1B Visa Applications for One Person Would Get Rejected: USCIS

A company cannot file multiple applications for H-1B visa for one person without a legitimate business need to file multiple cap-subject petitions for the same beneficiary, the United States Citizenship and Immigration Services (USCIS) said on March 30, ahead of the beginning of the H-1B filing season. Some applications for the highly-skilled immigrant professionals may be rejected after giving notice, the U.S. agency said.

“After notice, we will deny or revoke the approval of all H-1B cap-subject petitions filed for one beneficiary by ‘related entities’ unless there is a legitimate business need,” the statement said.

For purposes of the regulatory bar, “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, it said.

Employers can exploit loopholes by submitting multiple applications for the same immigrant worker, in an effort to increase the chances of selection during the lottery process. An applicant can file one application and if accepted under the cap, file an amended or new petition for concurrent employment.

The USCIS earlier said that it had suspensed premium processing of all H-1B petitions, which is subject to annual caps.

The U.S. administration also wants to increase vetting of those applying for any visa applications by having them report their previous phone numbers, email addresses and social media histories to see who may pose a threat to the security of the country. According to a document posted on the Federal Register of the United States, anyone who wants to come to the country on a non-immigrant visa will have to answer a list of questions under new rules.

The State Department is seeking public comment on the proposal within the next 60 days. The changes will need to be approved by the Office of Management and Budget at the White House.

Applicants would also be asked to provide international travel history for the past five years, and if they were deported or removed from another country and whether family members have been involved in terrorist activities.

The decision, if approved, would affect an estimated 14 million individuals, according to the department. It would also impact an estimated 710,000 immigrant visa applicants.