2/22/2008 - USCIS Expected to Release New H-1B Rule

USCIS is expected to release a rule soon which would limit employers to one H-1B filing per foreign national in an effort to eliminate the practice of seeking multiple chances under the H-1B lottery. With entire allotment of H-1Bs for the next fiscal year expected to be more than used up by petitions received in the very first days filings are accepted - as happened last year, resulting in a lottery for available H-1Bs - the practice of employers filing multiple petitions for the same employee in attempt to increase chance of being selected is expected to be widespread in the absence of such a rule, creating unfair circumstances for employers who don't resort to this practice.

At this point, it is unclear whether related employers can petition for the same employee, or whether the same employer can file multiple petitions for the same employee involving different jobs. Also, it isn't yet clear whether the rule will apply only to the general 65,000 cap or also to the 20,000 H-1B cap allotted to employees with advanced degrees from U.S. schools.