In time for the start of the H-1B cap filing period, US Citizenship & Immigration Services (USCIS) has released a policy memo addressing the prohibition on multiple H-1B filings for the same beneficiary by "related entities (such as a parent company, subsidiary, or affiliate).” The memo is based on the Administrative Appeals Office decision in the Matter of S- Inc. which addresses a case where two petitioners not legally related or controlled filed two separate cap-subject H-1B petitions on behalf of the same beneficiary in the same fiscal year for the beneficiary to work in substantially the same job for the same end-client through the same two vendors.
Read moreUSCIS: H-1B Third-Party Worksites Memo
Last month, US Citizenship & Immigration Services (USCIS) released a memo with guidance for H-1B petitions where the beneficiary will work at one or more third-party work sites. While many H-1B holders perform their work at the petitioner’s main address or at one of the petitioner’s locations, in certain cases the employee may work at one or more third-party worksites and perform their work for clients of the petitioner.
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