Wednesday, March 19, 2008

USCIS Releases Interim Rule on H-1Bs

USCIS has finally released the anticipated regulations dealing with multiple H-1B Cap filings and other H-1B Cap procedural issues.

Among the highlights:

- 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 duplicative petitions.

- USCIS will deny petitions that incorrectly claim an exemption from any H-1B numerical limits, and filing fees will not be returned.

- In years when USCIS implements the random selection process for petitions, USCIS will include petitions in the random selection process that are filed during the first five business days available for filing H-1B petitions for a given fiscal year (used to be just the first two such days)

- If more than 20,000 Master's Cap petitions are received within the first five days, USCIS will conduct a random lottery among the Master's Cap petitions and select those that will be accepted under the Master's Cap. Those Master's Cap petitions not selected will entered into the general H-1B Cap random lottery, which would be performed subsequently.


Click here to view the USCIS announcement

Click here to view the USCIS Fact Sheet: Changes to the FY2009 H-1B Program

Click here to view USCIS Questions and Answers: USCIS Announces Interim Rule on H-1B Visas

Click here to view the full text of the interim final rule.

Ellis Porter will provide further analysis of the new interim H-1B rule after we have a chance to review it in more detail.

3 comments:

Varun said...
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Anonymous said...

Will petitions from two entirely seperate companies for the same individual be allowed? Currently I have one offer and another interview coming up; and both of them agreed to file H1B for me.

Thanks.

Anonymous said...

One Query:
- Does it prohibit an ENGINEER to file his H1-B from you employer [Company]
- Engineer - X, has an offer from Company-A and Company-B. Can Engineer-X file his H1-B from both the companies as they are not at all related.

Your comment would be appreciated.