USCIS Adopts AAO Decision on Multiple H-1B CAP Filings
3/23/2018
Today USCIS adopted the Administrative Appeals Office's ("AAO") decision in Matter of S- Inc., which clarifies USCIS' policy of denying or revoking the approval of all H-1B cap-subject petitions filed by ârelated entitiesâ for the same beneficiary unless a legitimate business need to file multiple petitions is present.
The adopted decision clarifies that the definition of ârelated entities (such as a parent company, subsidiary, or affiliate),â as used in the Code of Federal Regulations' prohibition on multiple H-1B filings, includes petitioners that file cap-subject H-1B petitions for the same beneficiary for substantially the same job.
As an adopted decision, Matter of S-, Inc. is now binding policy for all adjudicating USCIS officers.
If you have any questions, please contact your Goel & Anderson attorney.