USCIS interim rule: Multiple filings prohibited

An interim final rule has been issued by the U.S. Citizenship and Immigration Services which will prohibit employers from filing multiple H-1B petitions for a single beneficiary. This rule, however, does not prohibit parent companies or subsidiaries from filing petitions for same beneficiary for different positions.  The interim final rule will become effective when it is published in the Federal Register.

The agency hopes this rule will enable fair distribution of H1B slots among all companies rather then allow a handful of employers from grabbing a chunk of the slots by filing multiple H-1B petitions for each H-1B worker. Multiple filings will be denied or revoked by the USCIS and filing fees for the second application will not be refunded. However, in case of multiple filings, the rule does not stipulate disqualification for employer.

Additionally, the Interim rule also states that if either of the H1B and the H1B Master’s quota is reached within the first five business days of accepting applications i.e. April 1st, USCIS will apply the random selection process to all petitions received during this time period. Any petition filed which wrongly claims exemption from the above mentioned quotas will be denied and filing fees not returned.