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Can I Submit Multiple
H-1B Cap Registrations? |
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William, I am currently in my final year of STEM OPT, and will submit the H-1B cap registration. Can I submit severl applications: one from my current employer, and another from the affiliated company? Answer, It is unlawful for a single U.S. employer to submit multiple H-1B cap registrations for the same person. But there is no technical prohibition on a foreign worker having multiple companies submit a registration on his or her behalf, so long as it is predicated on a legitimate job offer that will be brought to fruition if selected. Nevertheless, USCIS views the actions of these companies as circumnavigating the lottery system by design, with the express purpose of inflating numbers. Unless there are truly two separate and legitimate job opportunities that can be thoroughly documented when the H-1B Petition is filed, related or affiliated companies are prohibited from submitting registrations for the same individual. Moreover, when there is no independent job opportunity, even unrelated companies may not act in concert to submit registrations to unfairly increase the chance of selection for the same individual. In fact, USCIS has recently been alleging fraud against employers that may have worked together to unfairly increase an individual's chance of selection, and will deny and revoke H-1B petitions in these circumstances. |
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