H-1B Season is Almost Upon Us... Other Options for H-1B Losers!

Recently, another aspect of the H-1B visa process has become the "site visit". H-1B employers should be familiar with the site visit process and procedure and be sure to prepare public access files for review by potential DOL, CIS or ICE auditors. Additionally, when H-1B visa holders are sent to client sites, H-1B employers and beneficiaries need to be sure to have itineraries for those visits and information about offsite work when H-1B beneficiaries travel to and from the U.S.

If H-1B visas begin to be used quickly, H-1B petitioners should consider the possibility of utilizing filing multiple H-1B petitions. Some time ago CIS issued guidance concerning multiple H-1Bs. Filing a Master's H-1B and Bachelor's H-1B is not considered a multiple H-1B filing. Also, many organizations have layers and layers of subsidiaries and affiliates (different organizations with different Employer Identification Numbers) and the law does permit use of those organizations as vehicles for additional H-1Bs. With each H-1B submitted, there is a statistically higher chance of one of the H-1Bs being able to receive an H-1B visa.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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