H-1B Cap: Regarding Multiple Submissions

Matter of S-, Inc., is an "adopted decision" of USCIS and governs the prohibition on multiple H-1B cap submissions

In 2018, before the current electronic pre-registration H-1B cap lottery system, USCIS issued a Policy Memo and designated Matter of S-, Inc., as an Adopted Decision.

This Policy Memo clarifies the USCIS' ability to deny AND REVOKE H-1B petition approvals if the agency finds out multiple H-1B cap filings were made for the same candidate by companies that are 'related'.

If you 'signed up' with some kind of company that offered to file multiple H-1B cap filings for you, be wary. And if you are India and you did this, be prepared for a long period of Tell-Tale Heart paranoia because you might be in the US for several years and then USCIS finds out years later, maybe when you are finally able to apply for adjustment of status.

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"Matter of S- Inc. addresses the prohibition on multiple H-1B filings by “related entities (such as a parent company, subsidiary, or affiliate).” 8 C.F.R. § 214.2(h)(2)(i)(G). For purposes of the regulatory bar, Matter of S- Inc. clarifies that the term “related entities” includes petitioners, whether or not related through corporate ownership and control, that file cap-subject H-1B petitions for the same beneficiary for substantially the same job. Absent a legitimate business need to file multiple cap-subject petitions for the same beneficiary, USCIS will deny or revoke the approval of all H-1B cap-subject petitions filed by “related entities” for that beneficiary."