USCIS Modifies H-1B Selection Process

In a press release dated March 19, 2008, the USCIS announced that it has sent for publication in the Federal Register interim rule that provide some useful guidance for foreign nationals seeking to obtain H-1B visa in April.

The new rule prohibits employers from filing multiple petitions on behalf of the same employee. This rule is intended to ensure that all companies who file a petition for a foreign worker have an equal chance to obtain approval. According to the rule, USCIS will deny or revoke multiple petitions filed by an employer for the same H-1B worker and will not refund the filing fees submitted with multiple or duplicate petitions. However, the rule does not prevent related employers (e.g. parent company and its subsidiary) from filing petitions on behalf of the same employee for different positions, based on a legitimate business need. (more…)

By | Last Updated: January 1st, 2010| Categories: H-1B, News|

About the Author: Dimo Michailov

Dimo Michailov
Dimo has over 15 years of experience in US immigration including employment-based immigration benefits, corporate compliance and family based immigration. He represents corporate and individual clients in a wide range of cross-border immigration matters including mobility of key foreign executives and managers, specialized knowledge workers, and foreign nationals with extraordinary ability.

Related News and Articles

The Capitol Immigration Law Group has been serving the business community for over 15 years and is one of the most widely respected immigration law firms focused solely on U.S. employment-based immigration.   Disclaimer:  we make all efforts to provide timely and accurate information; however, the information in this article may become outdated or may not be applicable to a specific set of facts.  It is not to be construed as legal advice.