USCIS Ban on Multiple H-1B Filings for One Beneficiary by “Related” Employers
H-1B Proposed Rule Changes
As the H-1B visa season approaches, U.S. employers are preparing to submit their registrations starting at noon EST on March 1, 2023. Under current USCIS rules, each employer may submit only one entry per beneficiary into the H-1B lottery. Multiple filings by the same employer for a single worker are prohibited.
That said, an H-1B applicant can still receive multiple job offers from different, unrelated employers, allowing multiple entries into the lottery. However, when “related entities” attempt multiple filings for the same beneficiary, strict restrictions apply. Understanding these restrictions is critical to avoid audits, denials, or revocations by USCIS.
What Counts as a “Related Entity”?
A 2018 USCIS Policy Memorandum expanded the definition of “related entities” for H-1B filings. Originally, this included only parent companies, subsidiaries, or affiliates. The updated policy broadened the scope to include employers offering substantially identical jobs to the same beneficiary.
This means that even if companies are not linked by ownership or control, USCIS may still classify them as “related entities” if they submit H-1B petitions for the same worker under nearly identical conditions. In such cases, USCIS can deny or revoke all related petitions unless there is a legitimate business need.
If your company is uncertain about whether your situation qualifies as a legitimate need, consult with an immigration attorney at Green Card Link for guidance before filing.
USCIS Bar on Multiple H-1B Filings
The regulation makes clear that:
- Employers may not file more than one H-1B petition for the same foreign worker in a fiscal year, unless justified by legitimate business necessity.
- If related employers file for the same worker without valid justification, USCIS may deny or revoke all petitions.
- USCIS can issue Requests for Evidence (RFE), Notices of Intent to Deny (NOID), or Notices of Intent to Revoke (NOIR) if filings appear duplicative.
For example, in Matter of S-Inc., two employers filed separate petitions for the same worker in the same fiscal year. The positions were substantially identical and submitted through the same vendors. Because of these similarities, USCIS deemed the employers “related” and revoked the petition approval.
How to Avoid Problems with Multiple H-1B Filings
The best way to avoid denials or revocations is to work with immigration attorneys at Green Card Link who are experienced in preparing strong H-1B petitions. By ensuring your case
includes substantial documentation and clear evidence, you reduce the risk of USCIS classifying your filing as improper.
Year after year, USCIS has increased scrutiny of H-1B petitions. Requests for Evidence (RFEs) are especially common in cases involving:
- Entry-level positions
- Wage Level I salaries
- Jobs that may not strictly require a bachelor’s degree
With registration numbers expected to exceed past years, careful preparation is more important than ever.
Steps to Register in the H-1B Lottery
To participate in the lottery, employers must follow the official USCIS timeline:
- February 21, 2023, at noon EST – Create an online USCIS account.
- March 1, 2023, at noon EST – Registration officially opens. Employers may submit registrations with the $10 non-refundable fee.
- March 17, 2023, at noon EST – Registration closes.
- Late March 2023 – USCIS conducts the lottery, first for the regular cap, then the master’s cap.
- By March 31, 2023 – USCIS notifies lottery winners.
- April 1, 2023 – Employers may begin filing full H-1B petitions for selected candidates.
Because even a minor mistake in registration can lead to denial, many employers choose to have immigration attorneys at Green Card Link handle the process.
H-1B Filing Fees and RFE Costs
At Green Card Link, its immigration attorneys provide competitive legal fees for H-1B filings:
- $550 for initial registration and preliminary case analysis
- $1,900 for preparing and filing a petition if selected in the lottery
- $500–$1,500 for preparing an RFE response, depending on complexity
Employers may file their own initial registrations, but incorrect submissions can jeopardize the entire petition. Having professional guidance from immigration attorneys at Green Card Link significantly reduces this risk.
Why Choose Green Card Link for Your H-1B Case?
The immigration attorneys at Green Card Link have extensive experience navigating the complexities of the H-1B visa program. They have successfully handled even the most challenging cases, building strong petitions to withstand USCIS scrutiny.
If you’ve been selected in the H-1B lottery or need advice on avoiding issues with related employers, schedule a consultation today with an immigration attorney at Green Card Link to maximize your chances of success.