The US Citizenship and Immigration Services (USCIS) has tightened the H-1B visa rules. A couple of days ahead of the initiation of filing process for the non-immigrant visa, a latest release revealed that multiple H-1B applications by any foreign worker will lead to rejection. The federal agency's latest rule could irk millions of Indian techies to a great extent.
The H-1B filing process begins from April 2 for the fiscal year 2019 starting October 1. "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. H-1B petitioners who submit multiple cap-subject petitions on behalf of the same beneficiary undermine the integrity of the lottery process," the USCIS said, hinting that it would intensify scrutiny of multiple visa applications.
Clarifying how the term "related entities" applied to the bar on multiple H-1B filings, the USCIS said, "Related entities include 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".
The USCIS recognised that some employers could file multiple petitions on behalf of the same beneficiary under the guise that the petitions are based on different job offers, when the employment positions are in fact the same or only very slightly different. Instead, a petitioner could file one initial petition, and then if accepted under the cap, file an amended or new petition for concurrent employment.