H1B Visas – CSC Policy Changes With Respect to H1B Filings

The California Service Center has informed AILA-CSC Liaison that it has changed its policy with respect to certain forms of concurrent H-1B employment.

In the past, the CSC would approve an H-1B petition for concurrent employment that is cap-subject if the alien was the beneficiary of an approved H-1B petition submitted by a cap-exempt employer, applying a literal reading of INA ┬ž 214(g)(6).

CSC has advised that they will start denying concurrent H-1B petitions filed by cap-subject petitioners (such employers that didn’t obtain H1B approval this year) notwithstanding the fact that the alien is already working for a cap-exempt institution. The matter is being taken up by out organization AILA and we will update readers of this Blog.