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Original Date Announced
March 23, 2018USCIS issues a policy memorandum that adopts the AAO decision in Matter of S- Inc., making it binding on all USCIS adjudication officers. The decision addresses the prohibition on multiple H-1B filings by "related entities" for the same beneficiary indicating that "related entities" can include entities that file H-1B petitions for the same beneficiary for "substantially the same job," even if those entities are not actually related through corporate ownership and control. [ID # 505]
USCIS Policy Memorandum (PM-602-0159): *Matter of S-,Inc.,* Adopted Decision 2018-02 (AAO Mar. 23, 2018)Effective Date
April 2, 2018Biden Administration Action: Approved/Retained
October 23, 20232023.10.23 DHS Proposed H-1B Amendments
This proposed rule from the Biden administration would retain and further clarify the Trump administration action identified in this entry.
On October 23, 2023 DHS proposed a rule "Modernizing H-1B Requirements" which would change the way USCIS selects registrations so that unique beneficiaries are only entered into the lottery once, regardless of how many companies register the same worker. As part of this rule, DHS also proposes to clarify that related entities are prohibited from submitting multiple registrations for the same beneficiary, similar to the prohibition on related entities filing multiple cap-subject petitions for the same beneficiary for the same fiscal year's numerical allocations.
View DocumentBiden Administration Action: No Action Taken
December 18, 20242024.12.18 DHS Final Rule Modernizing H-1B
This Biden administration policy takes no action on Trump-era policy identified in this entry.
On December 18, 2024, DHS announced its final rule on Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers. The new rule declines to codify the proposal from the October 23, 2023 NPRM and instead states that DHS will not expressly state in the regulations that related entities are prohibited from submitting multiple H-1B registrations for the same individual. DHS found that the beneficiary-centric selection process the agency adopted in February 2024 solved the multiple-registration issue.
View DocumentCurrent Status
Fully in EffectMost Recent Action
December 18, 2024 Action: No Action Taken 2024.12.18 DHS Final Rule Modernizing H-1BOctober 23, 2023Acted on by Biden Administration
December 18, 2024Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Non-Immigrant Visas: Employment-BasedAgencies Affected: USCIS
Documents
Trump-Era Policy Documents
Biden Administration Policy Documents
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