Can the same employer file two H-1B petitions for me for different positions?

Yes, in principle the same employer can file more than one H-1B petition for the same professional, provided they refer to genuinely distinct positions. What supports each petition is the existence of a real opening, with its own duties and requirements that justify the visa, not simply the desire to multiply chances of approval.

In practice, each petition must have its own foundation: a legitimate job offer, documentation specific to that role, and the corresponding Labor Condition Application (LCA) for that position. If the two openings truly differ in content, responsibilities, and required profile, there is no formal barrier to filing both.

The central concern is consistency. If the authority determines that the positions were designed solely to increase the odds of approval, or that the details do not reflect real roles, the strategy may be questioned. For that reason, transparency and a clear distinction between the two positions are essential.

• The openings must be truly distinct, not duplicates.
• Each petition carries its own offer, documentation, and LCA.
• Inconsistencies may lead to scrutiny by the authority.

Because the analysis depends on the specifics of each role, it is worth confirming the current strategy with the employer and an immigration specialist before submitting the petitions.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.