USCIS Policy Memorandum on Multiple H-1B Cap Filings

USCIS issued a policy memorandum designating Matter of S- Inc. as an Adopted Decision. Matter of S- Inc. addresses the prohibition under USCIS rules on multiple H-1B filings by “related entities (such as a parent company, subsidiary, or affiliate).” 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. The USCIS policy memorandum instructs that, 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.