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Greg Siskind on Immigration Law and Policy


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A contact who usually is in the know has told me that he is aware of many companies sending in multiple H-1B applications for the same employees. The idea is that the main risk is being chosen more than once in the lottery and being out the filing fee. That's far cheaper than potentially being without the services of a valuable worker. And more likely than not, only one of several applications will be chosen and the filing fees for the rejected applications will be returned.

Is this legal? The application form asks if an employer has previously filed an H-1B for someone. But does this cover multiple applications filed simultaneously. There are legitimate reasons why one would file more than one petition such as if one is claiming a cap exemption, but wants to also file a case for a cap number just in case. But that's not what's going on here. The sole goal is to increase one's odds at the expense of others.

This is not unlike the first year of the green card lottery where people could file as many applications as they wanted. Applicants filed applications in the thousands and guess who won? If filing multiple applications to rig the lottery is legal, DHS needs to end that nonsense immediately.

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  1. RILF Chris's Avatar
    "And more likely than not, only one of several applications will be chosen and the filing fees for the rejected applications will be returned."

    (a) this should be done before the lottery; or

    (b) CIS denies all petitions and sanctions the attorney under 8 C.F.R. ? 292.3.

    I don't know about "cheating," but arguably frivolous and in the public interest.
  2. R. Lawson's Avatar
    Yes, this is cheating. Although most likely legal, the H-1b program is filled with loopholes that some companies are glad to exploit.
  3. Bill Reed's Avatar
    As likely scenerio as any is that the company who receives multiple approval for the same jobs is that they go ahead and take the foreign workers and replace citizens.
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