USCIS Adopts AAO Decision on Multiple H-1B CAP Filings


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 “related entities” for the same beneficiary unless a legitimate business need to file multiple petitions is present.

The adopted decision clarifies that the definition of “related entities (such as a parent company, subsidiary, or affiliate),” 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.