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Questions and Answers: USCIS Announces Interim Rule on H-1B Visas
What is the H-1B visa program?
What is the purpose of the new rule?
What are the specific modifications under the new rule?
Do the new rules referencing multiple filings on behalf of one worker apply to a parent company and its affiliated entities?
How long did it take for the prior FY2008 congressionally mandated H-1B caps to be reached?
What are the FY2009 congressionally mandated H-1B caps?
When can employers file an H-1B petition for fiscal year 2009?
What happens when the cap is reached?
If USCIS finds out that an employer is filing multiple petitions for the same potential employee, will USCIS disqualify that employer entirely?
USCIS will handle all duplicate filings in accordance with the interim final rule published on March 24, 2008 in the Federal Register. USCIS will deny or revoke all petitions filed by an employer for the same H-1B worker if more than one is filing is discovered. If duplicate or multiple petitions are discovered, whether one or more such petitions are approved, USCIS will data enter all those duplicative petitions, retain all fees, and either deny the petitions or, if a petition was approved, revoke the petition. The petitions will not be returned to the petitioner.
Last Reviewed/Updated: 05/09/2008