Multiple H-1B applications would attract rejection

Multiple H-1B applications for the same person with different job offers will be rejected, the US Citizenship and Immigration Services has warned ahead of the H-1B visa filing season commencing on April 2.

In a policy memorandum released on Friday, USCIS said that it will “deny or revoke the approval of all H-1B capsubject petitions filed for that beneficiary.”

USCIS highlighted the case of an applicant who filed from two companies for one client project. It stated that Company SInc and C-LLC filed H-1B petitions for the same candidate to work in substantially the same position for the same endclient through the same two vendors in the same fiscal year.

People have been exploiting the lottery process because the probability of a person with multiple nominations getting picked is higher. There were allegedly several instances in the city itself where multiple visa applications were filed for the same person using this loophole.

“Very rarely does a company file multiple applications for the same beneficiary because two distinct positions exist. This is a loophole that they tend to use to increase their chances of getting in their employee. Unfortunately, Indian tech companies get the giant’s share of the H-1B and it is misused by them,” said Sabina Xavier, Chief Operating Officer of YAxis Consultancy.

Submitting multiple applications undermines the lottery system and is misused by employers who are exploiting the system.

“People often employ these tactics to improve their chances of winning. For 65,000 visas, if a person files two petitions, then he/she will have probability of 2/65000 and not 1/65000,” said Subhakar Alapati, director of Global Tree Overseas Education and Immigration Consultant, Hyderabad.