Fort Worth, TX asked in Immigration Law for Texas

Q: Can two companies register me for H-1B without issues?

I am currently employed at a consulting firm that plans to sponsor my H-1B registration this year. Meanwhile, I am interviewing with another staffing company that has offered to sponsor my visa as well. I'm concerned about whether both companies can register me for the H-1B lottery without causing any issues. Since this is my last attempt at the H-1B visa, I want to avoid any risks or automatic rejections. Additionally, I'm curious if both employers will be aware of each other's registrations and what would happen if I'm selected in the lottery.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Yes, two separate companies can register you for the H-1B lottery, as long as each has a genuine job opportunity available. USCIS allows multiple registrations for the same candidate only if they are from different, unrelated employers who independently intend to hire you. Both registrations must be legitimate and reflect actual employment needs; otherwise, USCIS might suspect fraud.

Your employers generally won't know about each other's registrations unless you tell them directly. The H-1B registration system is confidential, and USCIS doesn't share applicant information between companies. This means both employers can register you independently without being automatically informed.

If you're selected by both companies in the lottery, you must choose one employer to proceed with your application. However, it's crucial that the positions are genuine, separate opportunities; otherwise, USCIS might question the registrations, potentially jeopardizing your visa. To minimize risks, ensure transparency and legitimacy in your interactions with both companies.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.