Understanding the Impact of Multiple H-1B Registrations and Petitions

The H-1B visa process is one of the most talked-about and complex immigration systems in the U.S. If you’re an employer, you’re probably aware of the intense competition for a limited number of visas each year. 

For many, it feels like an uphill battle, especially when you’re trying to secure a spot for a valuable international employee. You might have even thought about submitting multiple H-1B visa petitions for the same candidate to increase your chances. But before you take that route, it’s important to understand what that might mean for your company.

In this blog, we’ll break down the implications of multiple H-1B applications, explore potential risks, and help you navigate the complexities of this crucial process.

 

 

Understanding the Implications of Multiple H-1B Registrations and Petitions

The H-1B visa process has evolved over time, and with the introduction of stricter regulations, the dynamics surrounding multiple petitions have shifted significantly. While employers may consider submitting multiple H-1B visa applications for the same beneficiary to improve their chances, recent changes have had a clear impact:

• Impact of New Rules:
  • In FY 2025, the number of unique beneficiaries applying for the H-1B visa dropped to 442,000, a decrease from the 446,000 unique beneficiaries in FY 2024. This indicates that stricter regulations, including the beneficiary-centric selection process, are having a notable effect on the number of applicants.
  • The number of unique employers filing H-1B petitions also saw a slight increase, with 52,700 employers in FY 2025, compared to 52,000 in FY 2024. The introduction of rules against multiple filings by the same beneficiary has led to a reduction in unnecessary registrations.

The tightening of regulations and introduction of the beneficiary-centric selection process were designed to reduce the number of multiple applications for the same individual. This shift has helped bring more transparency and fairness to the process, discouraging employers from attempting to improve their odds through multiple filings.

• Why the Decrease Matters: The decrease in the number of multiple applications reflects a greater level of compliance with USCIS regulations. Employers who previously relied on submitting multiple petitions for the same individual may now be reassessing their approach to the H-1B process.

If you’re unsure how to navigate these new rules or want to ensure your H-1B petitions are filed correctly, don’t hesitate to Contact the Law Offices of Sweta Khandelwal. 

Reasons for Filing Multiple H-1B Petitions

In the highly competitive world of H-1B visa applications, employers may sometimes consider filing multiple petitions for the same beneficiary. Let’s take a closer look at why some employers choose to submit multiple petitions and the challenges that arise from exceeding the H-1B cap limit. Please note that U.S. Citizenship and Immigration Services (USCIS) regulations explicitly prohibit an employer from filing more than one H-1B petition for the same beneficiary in the same fiscal year.

• Employers Seeking to Increase Approval Chances

The primary reason many employers file multiple H-1B petitions for the same individual is to boost the chances of success in the lottery. In a system where demand far exceeds the available number of H-1B visas, the odds of being selected can be slim. 

This leads some employers to try to game the system by submitting multiple applications, each from different entities or job offers, in hopes that one will be chosen. While this tactic may seem effective, employers may not only waste time and money but also risk damaging their reputation.

• Issues Arising from Exceeding the H-1B Cap Limit

Another reason employers may file multiple petitions is to navigate the issue of the H-1B cap limit. The H-1B visa program has a strict annual cap on the number of visas granted, and the demand for these visas far outpaces the available supply. 

However, exceeding the cap limit can lead to problems. If USCIS determines that a company has exceeded the cap through multiple petitions, all filings may be rejected, leading to delays and added frustration. USCIS is committed to maintaining fairness in the process and will take action against any attempts to manipulate the cap system.

Also Read: Getting an O-1 Visa for a PhD Holder

Impact of Filing Multiple H-1B Petitions

The consequences of filing multiple petitions go beyond immediate rejection—they can affect long-term business operations and future hiring prospects. Let’s understand what can go wrong on filing multiple H-1B visa petitions:

• Risks and Legal Consequences

USCIS actively monitors multiple filings for the same individual and will subject them to close scrutiny. If USCIS suspects attempts to manipulate the system, petitions may be delayed or outright denied. The additional review process can be time-consuming, leading to extended wait times for employers and applicants.

• USCIS Actions Against Fraudulent Registrations

• Procedures for Identifying and Handling Fraudulent Petitions
  USCIS uses advanced data analytics and monitoring tools to detect fraudulent petitions. When multiple filings are suspected of fraud, USCIS issues Notices of Intent to Deny (NOID) or Notices of Intent to Revoke (NOIR), signaling serious concerns about the legitimacy of the petition.

• If USCIS identifies a fraudulent registration or excessive filings, they will issue a NOID or initiate revocation actions. This gives employers a chance to respond to the allegations, but failure to provide adequate proof may result in the rejection of all petitions involved.

• Indicators of Fraud and Misuse within the Registration Process
  USCIS looks for specific indicators, such as identical addresses or shared resources between employers, which could point to fraudulent actions. Repeated petitions for the same applicant, especially from employers with close ties, often trigger investigations into potential misuse of the system.

• Reputational Damage

Filing multiple petitions can severely harm a company’s public image. If found guilty of fraud or system manipulation, the damage to a company’s reputation may last long after the issue is resolved. This can affect relationships with clients, partners, and employees, making future recruitment efforts more challenging.

• Financial Costs

Besides legal fees and administrative expenses, employers who engage in fraudulent petition practices face the risk of significant fines and penalties. The cost of re-filing petitions or defending against legal challenges adds up quickly, impacting the company’s bottom line.

Dealing with multiple petition filings can be overwhelming, but there’s no need to deal with this complex process alone. Sweta Khandelwal can guide you through every step, safeguarding your business and future visa opportunities.

How to Defend and Prevent Fraud Allegations?

In the complex world of H-1B visa applications, defending against allegations of fraud requires meticulous attention to detail and a proactive approach. To avoid these issues, employers must demonstrate that their H-1B petitions are legitimate and comply with all applicable regulations. Here’s how you can defend your business and prevent fraud allegations.

• Demonstrating Legitimate Job Offers and Independent Registrations

The key to defending against fraud allegations lies in proving that each registration is for a legitimate job offer. Employers should be prepared with clear, consistent documentation, such as employment contracts, detailed job descriptions, and proof of the business necessity for the role. It’s essential to maintain separate and independent registrations for each legitimate job offer—especially if multiple employers are involved.

In some cases, employers may find themselves facing scrutiny for submitting petitions through related entities. To avoid this, businesses must ensure that each employer’s registration is distinct, with no intent to artificially increase the chances of winning the lottery. Proper documentation showing that each employer has a separate and bona fide job offer for the beneficiary can go a long way in defending against fraud allegations.

• Key Documentation and Evidence to Support Authenticity

Employers need to have strong evidence to back up their petitions. This can include things like offer letters, pay stubs, tax records, and employee contracts that establish the legitimacy of the employment offer. Keeping meticulous records ensures that when the time comes, you can demonstrate to USCIS that the petitions are valid.

It’s also a good idea to maintain a paper trail of the application process, including communication with attorneys, hiring managers, and human resources. This ensures that any concerns raised by USCIS can be answered with proper evidence.

• Stay Updated with USCIS Guidelines

Employers should stay on top of changes to USCIS rules and guidelines. USCIS regularly updates its policies regarding H-1B petitions, and failure to comply with the latest regulations can result in an invalid petition or fraud allegations. To keep your filings in good standing, regularly consult updates from USCIS or trusted immigration attorneys.

Also Read: Applying for EB-2 NIW Visa Through H1-B Visa: Process and Benefits

What are the Alternative Strategies and Solutions

As an employer, navigating the complexities of the H-1B process can be daunting, especially with the increasing competition for limited visas. However, there are several alternative visa categories and strategies you can explore to bring in global talent without relying solely on the H-1B process. Let’s find out about those:

1. Exploring Other Visa Categories like L-1 or O-1

The L-1 visa is a great alternative for employers who need to transfer employees from an international branch or subsidiary. The L-1A visa, for executives and managers, and the L-1B visa, for employees with specialized knowledge, can help bring key employees into the U.S. without being subject to the annual cap. This makes the L-1 visa a viable option for quickly relocating talent within your organization. Plus, the L-1A visa holder can later apply for permanent residency through the EB-1C green card route.

The O-1 visa is another excellent choice for hiring individuals with extraordinary abilities in fields such as science, business, or the arts. While it requires substantial documentation of the individual’s accomplishments, the O-1 visa is not subject to the H-1B cap and allows for dual intent, so your employee can pursue a green card while in the U.S. under the O-1 status.

2. Hiring Candidates with Current H-1B Status

Another practical alternative is to hire individuals who already hold an H-1B visa. By transferring their H-1B status to your company, you avoid the need to go through the lottery process. This route allows you to bypass the uncertainty of whether your candidate will be selected for an H-1B and expedite the hiring process. Since the candidate has already been vetted by USCIS, the process of transferring their H-1B status to your company is generally much smoother and faster.

3. Considering Additional Visa Alternatives like TN or E-3

For employers seeking talent from specific countries, the TN visa offers a great solution for professionals from Canada and Mexico under the United States-Mexico-Canada Agreement (USMCA). While it does not allow for dual intent (meaning your employee can’t apply for a green card while on the TN), the TN visa is renewable indefinitely as long as the individual continues to meet the eligibility criteria.

The E-3 visa is another option, specifically for Australian nationals working in specialty occupations. While the E-3 visa also doesn’t allow for dual intent, it offers a less competitive cap compared to the H-1B, making it an attractive choice for Australian professionals looking to work in the U.S.

4. Cap-Exempt H-1B Opportunities

If you are a nonprofit organization, educational institution, or certain other entities, you may be eligible to sponsor H-1B workers who are exempt from the cap. These employees are not subject to the lottery system, which provides more stability and predictability in the hiring process. This is an excellent option for organizations in the academic or nonprofit sectors looking to bring in specialized talent.

5. F-1 Visa OPT Extension

If you are considering hiring recent graduates from U.S. institutions, leveraging Optional Practical Training (OPT) can be a viable option. F-1 visa holders, particularly those with degrees in science, technology, engineering, or math (STEM), can extend their OPT for up to 36 months, providing more time to secure an H-1B visa or other alternatives. This provides employers with a bridge to longer-term employment while minimizing competition for H-1B slots.

Navigating the best path for your global talent doesn’t have to be complicated. Contact The Law Offices of Sweta Khandelwal to ensure your company can continue to thrive with the skilled professionals it needs.

 

 

Conclusion

Managing the complexities of the H-1B visa process, particularly when it comes to filing multiple applications, can be challenging. For employers, understanding the rules and staying compliant with USCIS guidelines is essential to avoid legal and financial risks. Transparent, legitimate filings with thorough documentation will help protect your company’s reputation and future opportunities.

As an employer, staying informed about any changes in immigration laws or policies is key to success. Ensure your HR and legal teams are updated on the latest requirements. 

If you’re unsure about the process or need guidance, consulting with an experienced immigration attorney is your best bet. The Law Offices of Sweta Khandelwal offer expert legal counsel to help businesses handle their H-1B and other visa petitions. For help with your H-1B petitions or exploring alternative visa strategies, Contact the Law Offices of Sweta Khandelwal today to schedule a consultation. Sweta Khandelwal is here to help you protect your business and make informed, compliant decisions.

Disclaimer

Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.