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…)