Top Tips for Navigating Multiple H-1B Petitions from Different Employers

The H-1B visa program is a popular way for foreign workers to come to the United States to work in specialty occupations. However, the program is also subject to an annual cap, which means that only a limited number of H-1B visas are available each year. This can make it difficult for foreign workers to obtain an H-1B visa, especially if they have multiple job offers from different employers.

In 2025, the H-1B cap is expected to remain at 65,000 visas. However, there is a possibility that the cap could be increased in the future. The Biden administration has proposed legislation that would increase the H-1B cap to 115,000 visas. If this legislation is passed, it would make it easier for foreign workers to obtain an H-1B visa.

Even if the H-1B cap is increased, it is important to remember that the program is still subject to certain restrictions. For example, foreign workers can only work for the employer who sponsored their H-1B visa. This means that if a foreign worker wants to change jobs, they will need to obtain a new H-1B visa. Additionally, foreign workers are only allowed to stay in the United States for a maximum of six years on an H-1B visa.

New Regulations Streamlining H-1B Petitions from Multiple Employers

Multiple H-1B Petitions from Different Employers

Starting in 2025, the H-1B visa system will undergo significant changes to streamline the process for employers seeking to hire foreign workers. One key change is the introduction of a new regulation addressing the filing of multiple H-1B petitions for the same employee by different employers. Previously, employers had to file separate petitions for each H-1B employee, even if those employees were working on the same project or assignment. This led to a time-consuming and duplicative process, especially for cases involving numerous employers and multiple projects.

To simplify the process, the new regulations allow employers to file a single blanket petition covering multiple employees and projects. This petition will include all necessary information for each employee, such as their job title, salary, and work location. Once approved, the blanket petition will serve as the basis for individual H-1B petitions for each employee. This streamlined process is expected to reduce the number of petitions filed and the associated processing times, making it easier for employers to hire and retain foreign talent.

The following table provides a summary of the key changes introduced by the new regulations governing multiple H-1B petitions from different employers:

	Current Process	New Process
Number of Petitions	Separate petitions for each employee	Single blanket petition for multiple employees
Processing Time	Lengthy and duplicative	Simplified and streamlined

Simplifying Dual and Concurrent H-1B Sponsorship for Specialized Occupations

1. Streamlining Application Procedures

The USCIS has implemented a simplified, unified process for submitting dual and concurrent H-1B petitions. This new process eliminates the need for separate petitions and petitions from different employers can be submitted simultaneously.

2. Expanding Eligibility Criteria for Dual and Concurrent H-1B Sponsorship

Expanding the Definition of Specialized Occupations

The USCIS has broadened the definition of “specialized occupations” to include a wider range of technical and professional positions. This expansion aims to align the H-1B program with the evolving demands of the U.S. labor market, particularly in STEM fields.

Eligible Occupations
Computer Science
Engineering
Science
Technology

Introducing the “Specialized Knowledge Test”

To determine if an occupation requires specialized knowledge, the USCIS has introduced the “Specialized Knowledge Test.” This test evaluates an individual’s expertise in their field through a combination of educational qualifications, professional experience, and industry certifications.
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Allowing for Multiple H-1B Petitions for Certain Occupations

For specific occupations that are deemed to be of critical importance to the U.S. economy, multiple H-1B petitions from different employers may be approved. This flexibility enables employers to compete for top talent and ensures a continuous supply of skilled workers in industries such as healthcare, energy, and defense.

Ensuring Equitable Distribution of H-1B Visas Across Employers

In order to ensure that H-1B visas are distributed fairly among employers, the USCIS implemented the following measures:

Electronic Registration System

The USCIS introduced an electronic registration system to replace the previous lottery system. Under the new system, employers must submit electronic registrations during a designated registration period, and registrations are selected randomly for further processing.

Cap Exemption for Certain Employers

Certain employers are exempt from the H-1B cap, including institutions of higher education, non-profit research organizations, and government research entities.

Master’s Cap Exemption

Employers are not subject to the H-1B cap for petitions filed on behalf of individuals who have earned a master’s degree or higher from a U.S. institution.

Allocation of Visas Based on Employer Size

In order to promote a more equitable distribution of visas, the USCIS allocated H-1B visas based on employer size in the following manner:

Employer Size	Percentage of Visas Allocated
Large employers (500 or more employees)	65%
Medium employers (250-499 employees)	15%
Small employers (1-249 employees)	20%

This allocation system ensures that small and medium-sized employers have a fair chance of obtaining H-1B visas.

Facilitating Collaboration and Knowledge Sharing Among H-1B Employers

Enhancing Employer Communication

Establishing a communication platform among H-1B employers enables the exchange of information, best practices, and legal updates. This facilitates effective problem-solving and compliance within the H-1B program.

Creating Industry-Specific Forums

Organizing industry-specific forums where H-1B employers connect with experts and peers can foster knowledge sharing. Employers can discuss industry-specific challenges, emerging trends, and innovative approaches to H-1B management and compliance.

Cross-Training Initiatives

Implementing cross-training programs among employers permite H-1B professionals to gain exposure to different organizational cultures and work practices. This enriches their skills, broadens their perspectives, and enhances collaboration across the industry.

Peer Mentorship Programs

Pairing veteran H-1B employers with newer ones provides guidance, support, and knowledge transfer. Mentors can share lessons learned, industry insights, and best practices to support mentees’ professional development and compliance efforts.

Encouraging Employer Collaborations

Promoting joint research projects or collaborative initiatives among employers can foster knowledge creation, innovation, and the development of industry-wide solutions to common challenges. This collaboration can lead to improved practices and a more efficient and effective H-1B program.

Establishing a Centralized Knowledge Hub

Creating a centralized online platform where employers can access a comprehensive repository of resources, tools, and best practices related to H-1B management and compliance can be crucial. This platform can streamline information dissemination and facilitate collaboration.

Platform	Features
Online Forum	Discussion boards, webinars, Q&A sessions
Industry-Specific Groups	Tailored forums for specific industries
Knowledge Base	Articles, case studies, legal updates
Mentorship Program	Matching experienced employers with newcomers
Collaborative Projects	Joint research, innovation initiatives

Enhancing Employer Compliance with H-1B Wage and Benefit Requirements

1. Verifying Wage and Benefit Information

Employers must gather and verify the following information before petitioning for H-1B visas:

Prevailing wage data from the Department of Labor
Employee’s agreed-upon salary and benefits
Company’s payroll records and documentation

2. Calculating the Prevailing Wage

The prevailing wage is the average wage paid to similarly situated workers in the same geographical area. It can be calculated using different methods, such as the Occupational Employment Statistics (OES) survey.

3. Meeting the Minimum Wage Requirement

Employers must offer H-1B employees a wage that is at least equal to the prevailing wage or the actual wage paid to U.S. workers in the same position, whichever is higher.

4. Providing Benefits and Bonuses

In addition to wages, employers must provide H-1B employees with comparable benefits and bonuses as they offer to U.S. workers. These may include health insurance, retirement plans, and paid time off.

5. Maintaining Accurate Payroll Records

Employers must maintain accurate payroll records for all H-1B employees, including hours worked, wages paid, and benefits provided. These records must be kept for three years after the visa expires or is revoked.

6. Self-Monitoring and Audits

Employers should implement self-monitoring systems to ensure compliance with H-1B wage and benefit requirements. Internal audits can also be conducted periodically to identify any potential issues.

7. Cooperation with Government Investigations

In case of a government investigation, employers must cooperate fully and provide documentation to demonstrate compliance with H-1B wage and benefit requirements. Failure to cooperate may result in penalties or visa revocations.

Leveraging Technology to Streamline H-1B Petition Processing

8. Advanced Data Analytics and Predictive Modeling

Leverage data analytics and predictive modeling to identify trends, predict outcomes, and optimize petition processing. By analyzing historical data, employers can pinpoint areas for improvement and identify potential challenges. Predictive models can forecast approval rates, processing times, and the likelihood of requests for evidence (RFEs). This information enables better decision-making, proactive mitigation strategies, and improved overall efficiency.

Data Analytics Use Cases	Benefits
Identifying common errors and deficiencies	Reduces the risk of RFEs and petition denials
Predicting processing times	Allows employers to plan effectively and manage timelines
Estimating approval rates	Provides insights into success probability and informs strategic decisions

By integrating advanced data analytics and predictive modeling into the H-1B petition process, employers can gain actionable insights, improve accuracy, and significantly streamline the entire process.

Promoting Diversity and Inclusion in H-1B Hiring Practices

In the year 2025, the H-1B visa program faces a significant shift to promote diversity and inclusion in hiring practices. Employers seeking H-1B workers must adopt measures to attract and hire individuals from underrepresented groups.

Diversity and Inclusion Benchmarks

The US Citizenship and Immigration Services (USCIS) establishes diversity and inclusion benchmarks for H-1B employers. These benchmarks include:

Hiring targets for underrepresented groups in STEM fields
Mentoring and advancement programs for employees from diverse backgrounds
Training for hiring managers on unconscious bias and diversity awareness

Strategies for Diversity and Inclusion

Employers can implement various strategies to enhance diversity and inclusion in H-1B hiring:

Partner with minority-serving higher education institutions and organizations
Reach out to diverse job boards and professional associations
Establish a diversity recruiting team within the HR department
Provide language assistance and relocation support to candidates from diverse backgrounds
Foster a welcoming and inclusive workplace culture
Engage with employee resource groups and diversity initiatives
Conduct regular audits to monitor progress and identify areas for improvement
Set diversity goals and hold leaders accountable for achieving them
Share best practices and collaborate with other employers on diversity initiatives

Benefits of Diversity and Inclusion

Promoting diversity and inclusion in H-1B hiring brings numerous benefits, including:

Access to a wider talent pool
Increased innovation and creativity
Improved employee satisfaction and retention
Enhanced employer brand and reputation
Greater alignment with evolving demographic changes

1. Increased Competition for H-1B Visas

With the reduction in the number of H-1B visas available, there will be increased competition among employers for qualified foreign workers.

2. Higher Salaries for H-1B Workers

To attract and retain qualified candidates, employers may be forced to offer higher salaries to H-1B workers.

3. More Scrutiny of H-1B Applications

USCIS is expected to increase its scrutiny of H-1B applications to ensure compliance with the new regulations.

4. Increased Reliance on Other Visa Categories

Employers may explore alternative visa options, such as the L-1 and TN visas, to bring in foreign workers.

5. Growth in Domestic STEM Education

The new regulations may encourage US employers to invest in domestic STEM education to develop a more qualified domestic workforce.

6. Impact on US Economy

The availability of foreign workers under the H-1B program has a significant impact on the US economy.

7. Changes to Employer Sponsorship

The new regulations may make it more difficult for small and medium-sized businesses to sponsor H-1B workers.

8. Impact on Foreign Workers

The changes may affect the ability of foreign workers to pursue careers in the United States.

9. Legal Challenges

There is likely to be legal challenges to the new regulations, which could further delay their implementation.

10. Uncertainty for Employers and Foreign Workers

The new regulations create uncertainty for both employers and foreign workers, who may need to reassess their H-1B strategies and career plans accordingly.

Multiple H-1B Petitions from Different Employers in 2025: A Legal Perspective

The H-1B visa program allows foreign workers to come to the United States to work in specialty occupations. In recent years, there has been an increase in the number of H-1B petitions filed by different employers for the same individual. This trend is expected to continue in 2025.

There are a number of reasons why an individual may have multiple H-1B petitions filed for them by different employers. One reason is that the individual may be highly skilled and in demand, which can make them attractive to multiple employers. Another reason is that the individual may be working in a field that is experiencing a shortage of skilled workers, which can lead to multiple employers seeking to hire the same individual.

While there are no specific regulations that prohibit an individual from having multiple H-1B petitions filed for them, there are a number of potential legal issues that can arise. One issue is that the individual may be required to work for each employer that files a petition. This can lead to a conflict of interest if the individual is working for multiple employers in the same field.

Another issue is that the individual may be required to maintain a valid H-1B status with each employer. This can be difficult if the individual is working for multiple employers and their H-1B statuses are not synchronized. If the individual’s H-1B status expires with one employer, they may be required to leave the United States, even if they have a valid H-1B status with another employer.

In order to avoid these potential legal issues, it is important for individuals who have multiple H-1B petitions filed for them to carefully consider their options and to seek legal advice. An attorney can help an individual understand the potential risks and benefits of having multiple H-1B petitions filed for them, and can help them make the best decisions for their individual situation.