USCIS to deny candidates with multiple H1B applications

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Unless there is a “legitimate business need” to file more than one petition for a potential H1B worker, “USCIS will deny or revoke the approval” for that application, says the 5 page memo which comes exactly one business day before the filing season opens after Easter Sunday.

Note that this policy applies only to those applicants who fall under the 65,000 cap and not for those applying under cap-exempt category of 20,000 H1B visas reserved for those with Master’s degrees or higher academic qualifications from US Universities.

The case that USCIS has highlighted has a “programmer analyst”, two companies and one client.

Company S-Inc and C-LLC both filed H1B petitions for the same “programmer analyst”. It doesn’t stop there. Both companies filed the application for the techie to work at the same client location.

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