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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