USCIS似乎开始严打抽多份H1b了# JobHunting - 待字闺中
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In Case You Are Still Considering Filing Multiple H-1B Petitions in the
FY2017 Lottery
http://immigrationgirl.com/in-case-you-are-still-considering-fi
[F]iling more than one H-1B petition by an employer on behalf of the same
alien in the same fiscal year will result in the denial or revocation of all
such petitions.” (emphasis added)
The regulation further explains:
“If USCIS believes that related entities (such as a parent company,
subsidiary, or affiliate) may not have a legitimate business need to file
more than one H-1B petition on behalf of the same alien subject to the
numerical limitations of section 214(g)(1)(A) of the Act or otherwise
eligible for an exemption under section 214(g)(5)(C) of the Act, USCIS may
issue a request for additional evidence or notice of intent to deny, or
notice of intent to revoke each petition. If any of the related entities
fail to demonstrate a legitimate business need to file an H-1B petition on
behalf of the same alien, all petitions filed on that alien’s behalf by the
related entities will be denied or revoked.”
USCIS has considerable discretion to interpret this regulation broadly,
including in how it determines what qualifies as “related entities.” For
example, an employer seeking to use separate entities with unique Federal
Employer Identification Numbers (FEINs) to sidestep the regulation could
trigger a denial or revocation, particularly when USCIS finds the companies
coordinated to file multiple H-1Bs on behalf of a single beneficiary without
a legitimate business need.
FY2017 Lottery
http://immigrationgirl.com/in-case-you-are-still-considering-fi
[F]iling more than one H-1B petition by an employer on behalf of the same
alien in the same fiscal year will result in the denial or revocation of all
such petitions.” (emphasis added)
The regulation further explains:
“If USCIS believes that related entities (such as a parent company,
subsidiary, or affiliate) may not have a legitimate business need to file
more than one H-1B petition on behalf of the same alien subject to the
numerical limitations of section 214(g)(1)(A) of the Act or otherwise
eligible for an exemption under section 214(g)(5)(C) of the Act, USCIS may
issue a request for additional evidence or notice of intent to deny, or
notice of intent to revoke each petition. If any of the related entities
fail to demonstrate a legitimate business need to file an H-1B petition on
behalf of the same alien, all petitions filed on that alien’s behalf by the
related entities will be denied or revoked.”
USCIS has considerable discretion to interpret this regulation broadly,
including in how it determines what qualifies as “related entities.” For
example, an employer seeking to use separate entities with unique Federal
Employer Identification Numbers (FEINs) to sidestep the regulation could
trigger a denial or revocation, particularly when USCIS finds the companies
coordinated to file multiple H-1Bs on behalf of a single beneficiary without
a legitimate business need.
