On March 24, 2008, DHS published an interim rule amending its regulations (8 C.F.R. § 214) governing H-1B visa petitions filed on behalf of alien workers. The rule prohibits “a petitioner from filing more than one petition based on the H-1B nonimmigrant classification on behalf of the same alien temporary worker in a given fiscal year if the alien is subject to a numerical limitation or is exempt from a numerical limitation by virtue of having earned a master’s or higher degree from a U.S. institution of higher education.” 

The rule was written to prevent petitioners from unfairly attempting to increase their chances of being selected in the random H-1B visa lottery. Prior to this rule, when USCIS approved a petition for a specific individual, it denied any duplicate petitions subsequently adjudicated.  However, there were no adverse consequences for a petitioner that sought to maximize his or her chances in the lottery by filing multiple petitions. Now if a petitioner is found to have filed multiple petitions, all the petitions will be denied and the filing fees will not be refunded. If duplicate petitions are discovered after the worker is granted an H-1B visa, it will be revoked.   

Written comments concerning the interim rule must be submitted on or before May 23, 2008. Information on how to submit comments may obtained on the federal government’s regulations website.