USCIS Policy Memorandum on Multiple Filings- Similarity of job will result in denial even if filed by unrelated companies.

USCIS issued a Policy memorandum wherein a decision of the Administrative Appeals office was adopted. As per the Policy Memo, any petition filed by two separate entities will be considered related if there is a similarity of job irrespective of the fact that both these companies are unrelated.

As per the memo:

“Related entities” include 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. Absent a legitimate business need to file multiple cap-subject petitions for the same beneficiary, U.S. Citizenship and Immigration Services will deny or revoke the approval of all H-1B cap-subject petitions filed by related entities for that beneficiary.

This new policy memorandum which is against the statutory definition of Multiple Filings, will have severe consequences on the CAP petitions if the Beneficiaries file multiple petitions for the same beneficiary for the same job/project.