USCIS Announces New Interim Final Rule Prohibiting Multiple H-1B Filings for the Same Employee

USCIS submitted today an interim final rule to the Federal Register that would prohibit employers from filing multiple H-1B petitions for the same employee. This new rule, USCIS comments, would help make sure that companies filing annual visa cap-subject H-1B visas would have an equal chance to receive H-1B visas for potential international workers. USCIS, according to the new rule, would deny or revoke multiple petitions filed by an employer for the same worker; filing fees associated with those petitions would not be refunded.

Note, though, that this rule does not limit related employers (e.g.: a parent company and its subsidiary) from filing petitions for the same international worker for different positions, as long as there is a real business need for that person.

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