While it may be tempting to file multiple petitions for the same beneficiary to gain an edge, 8 CFR § 214.2(h)(2)(i)(G) states: “An employer may not file, in the same fiscal year, more than one H-1B petition on behalf of the same alien if the alien is subject to the numerical limitations of section 214(g)(1)(A) . . . [F]iling more than one H-1B petition by an employer on behalf of the same alien in the same fiscal year will result in the denial or revocation of all such petitions.” (emphasis added).
Clearly, one employer cannot file multiple petitions for the same worker. But what about one worker being sponsored by multiple employers?
The regulation further explains:
“If USCIS believes that related entities (such as a parent company, subsidiary, or affiliate) may not have a legitimate business need to file more than one H-1B petition on behalf of the same alien subject to the numerical limitations of section 214(g)(1)(A) of the Act or otherwise eligible for an exemption under section 214(g)(5)(C) of the Act, USCIS may issue a request for additional evidence or notice of intent to deny, or notice of intent to revoke each petition. If any of the related entities fail to demonstrate a legitimate business need to file an H-1B petition on behalf of the same alien, all petitions filed on that alien’s behalf by the related entities will be denied or revoked.”
USCIS has considerable discretion to interpret this regulation broadly, including in how it determines what qualifies as “related entities.” For example, an employer seeking to use separate entities with unique Federal Employer Identification Numbers (FEINs) to sidestep the regulation could trigger a denial or revocation, particularly when USCIS finds the companies coordinated to file multiple H-1Bs on behalf of a single beneficiary without a legitimate business need.
Clearly, this is an area in which to tread lightly and carefully. This should be reserved for situations where the worker truly has more than one legitimate job offer, which is most likely a rare occurrence.