US tightens visa rules for Indian techies, stops multiple H-1B applications

Multiple H-1B applications will lead to rejection of the petitions, a federal American agency has warned foreign workers, days ahead of the initiation of filing process for the non-immigrant visa, popular among Indian techies.

The US Citizenship and Immigration Services (USCIS) has indicated that it would intensify scrutiny of such applications. The H-1B filing process begins from April 2 for the fiscal year 2019 starting October 1.

After notice, we will deny or revoke the approval of all H-1B cap-subject petitions filed for one beneficiary by 'related entities' unless there is a legitimate business need, USCIS said.

H-1B petitioners who submit multiple cap-subject petitions on behalf of the same beneficiary undermine the integrity of the lottery process, it added.

The federal agency issued policy guidance related to H-1B petitions, clarifying how the term related entities applied to the bar on multiple H-1B filings. 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, it said.

USCIS said it will deny or revoke the approval of all H-1B cap-subject petitions filed by related entities for that beneficiary. Noting that a single employer may not file more than one cap-subject petition for the same beneficiary even if there is a legitimate business need, it asserted that H-1B programme did not permit speculative employment.

It, however, recognised that occasionally an employer may extend the same beneficiary two or more job offers for distinct positions and therefore may have a legitimate business need to file two or more separate H-1B petitions on behalf of the same alien. The rule, however, precluded that practice if the beneficiary is subject to the cap.

USCIS recognised that allowing multiple filings by one employer on behalf of the same beneficiary could create a loophole for employers who seek to exploit the random selection process to the competitive disadvantage of other petitioners. Such employers could file multiple petitions on behalf of the same alien under the guise that the petitions are based on different job offers, when the employment positions are in fact the same or only very slightly different.

Instead, USCIS explained that a petitioner could file one initial petition, and then if accepted under the cap, file an amended or new petition for concurrent employment. The H-1B programme offers temporary US visas that allow companies to hire highly skilled foreign professionals working in areas with shortages of qualified American workers.

VETTING FOR VISA GETS TRICKIER

The Trump administration wants all US visa applicants to submit details of their previous phone numbers, email addresses and social media histories as part of its "vetting" practice and to prevent entry of individuals who might pose a threat to the country.

A document posted on the Federal Register on Thursday states that anyone who wants to come to the US on a nonimmigrant visa will have to answer a list of questions under new rules.

It said that in addition to asking the visa applicants to provide their identifications or handles of their social media platform, they would also be asked to give details of their phone and mobile numbers used in the last five years.

Other questions seek five years of previously used telephone numbers, email addresses and international travel whether the visa applicant has been deported or removed from any country and whether specified family members have been involved in terrorist activities, said the document which would be formally published today. After its publication, the public would have 60 days to comment on the proposed new visa form.

"One question lists multiple social media platforms and requires the applicant to provide any identifiers used by applicants for those platforms during the five years preceding the date of application," the document said. It said the State Department will collect the information from visa applicants for "identity resolution and vetting purposes" based on statutory visa eligibility standards. However, it intends not to routinely ask the question of applicants for specific visa classifications, such as most diplomatic and official visa applicants, it said.