USCIS Issues Policy Memorandum Designating Matter of S- Inc., as an Adopted Decision
USCIS issued a policy memorandum designating Matter of S- Inc., which addresses the prohibition on multiple H-1B filings by “related entities (such as a parent company, subsidiary, or affiliate).” 8 C.F.R. § 214.2(h)(2)(i)(G). For purposes of the regulatory bar, Matter of S- Inc. clarifies that the term “related entities” includes 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, USCIS will deny or revoke the approval of all H-1B cap-subject petitions filed by “related entities” for that beneficiary. Matter of S- Inc., Adopted Decision 2018-02 (AAO Mar. 23, 2018)