USCIS to Issue Regulation on Multiple H1B Filings
The U.S. Citizenship and Immigration Services (USCIS) will soon issue an interim final regulation that will prohibit employers from filing more than one H-1B petition on behalf of a single foreign national. The regulation is now being reviewed by federal authorities and is expected to be made public in time for the start of the Fiscal Year 2009 filing season on April 1.
The exact breadth and scope of the prohibition is not yet known, and it is unclear whether the rule will permit the filing of multiple petitions in the event that more than one distinct bona fide job opportunity exists for an individual foreign national. At a meeting with the American Council for International Personnel (ACIP) last week, USCIS officials indicated that the agency is grappling with whether to permit two filings for foreign professionals who are eligible for the pool of 20,000 H-1B numbers set aside for U.S. advanced degree graduates – one under the standard H-1B cap and a second under the advanced-degree quota.
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