Due to increased filing volumes typically seen during H-1B cap filing periods, there are instances where a petition is timely and properly filed, but issuance of the Form I-797 is delayed. Please be sure to complete all sections of the form accurately. However, you can probably expect to receive a request for evidence, which could delay processing. This page was not helpful because the content: E-3 Certain Specialty Occupation Professionals from Australia, H-1B Specialty Occupations and Fashion Models, Extension of Post Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations, Fee Increase for Certain H-1B and L-1 Petitions (Public Law 114-113), Employment Authorization for Certain H-4 Dependent Spouses, L-1A Intracompany Transferee Executive or Manager, L-1B Intracompany Transferee Specialized Knowledge, O-1 Individuals with Extraordinary Ability or Achievement, O Nonimmigrant Classifications: Question and Answers, P-1B Member of Internationally Recognized Entertainment Group, P-2 Performer or Group Performing under Reciprocal Exchange Program, P-3 Artist or Entertainer Part of a Culturally Unique Program, Employment-Based Immigration: First Preference EB-1, Employment-Based Immigration: Second Preference EB-2, Employment-Based Immigration: Third Preference EB-3, Employment-Based Immigration: Fourth Preference EB-4, Employment-Based Immigration: Fifth Preference EB-5, Immigrant Pathways for STEM Employment in the United States, Nonimmigrant Pathways for STEM Employment in the United States, Immigrant Pathways for Entrepreneur Employment in the United States, Nonimmigrant or Parole Pathways for Entrepreneur Employment in the United States, WB Temporary Business Visitor under Visa Waiver Program, Automatic Employment Authorization Document (EAD) Extension, DHS Support of the Enforcement of Labor and Employment Laws, Employment Authorization in Compelling Circumstances, Options for Nonimmigrant Workers Following Termination of Employment, PM-602-0159, Matter of S- Inc., Adopted Decision 2018-02 (AAO Mar. After USCIS chooses your position in the lottery, your company may retain a VisaNation Law Group attorney to complete the process. A24. Multiple or duplicative petitions will be denied or revoked even if they are filed pursuant to a selected registration. Whats more, an employer can employ a foreign worker sooner than they usually would. The following employers can sponsor an H1b visa without being subject to the annual cap. Q20. This page was not helpful because the content: E-3 Certain Specialty Occupation Professionals from Australia, H-1B Specialty Occupations and Fashion Models, Extension of Post Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations, Fee Increase for Certain H-1B and L-1 Petitions (Public Law 114-113), Employment Authorization for Certain H-4 Dependent Spouses, L-1A Intracompany Transferee Executive or Manager, L-1B Intracompany Transferee Specialized Knowledge, O-1 Individuals with Extraordinary Ability or Achievement, O Nonimmigrant Classifications: Question and Answers, P-1B Member of Internationally Recognized Entertainment Group, P-2 Performer or Group Performing under Reciprocal Exchange Program, P-3 Artist or Entertainer Part of a Culturally Unique Program, Employment-Based Immigration: First Preference EB-1, Employment-Based Immigration: Second Preference EB-2, Employment-Based Immigration: Third Preference EB-3, Employment-Based Immigration: Fourth Preference EB-4, Employment-Based Immigration: Fifth Preference EB-5, Immigrant Pathways for STEM Employment in the United States, Nonimmigrant Pathways for STEM Employment in the United States, Immigrant Pathways for Entrepreneur Employment in the United States, Nonimmigrant or Parole Pathways for Entrepreneur Employment in the United States, WB Temporary Business Visitor under Visa Waiver Program, Automatic Employment Authorization Document (EAD) Extension, DHS Support of the Enforcement of Labor and Employment Laws, Employment Authorization in Compelling Circumstances, Options for Nonimmigrant Workers Following Termination of Employment, Form I-129, Petition for a Nonimmigrant Worker, Direct Filing Addresses for Form I-129, Petition for a Nonimmigrant Worker, Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, Overview of the H-1B Electronic Registration Process - A Webinar for Registrants, Overview of the H-1B Electronic Registration Process - A Webinar for Attorneys and Representatives, H-1B Registration Federal Register Notice. A2. An exempt H-1B nonimmigrant is an H-1B worker who meets one of the following statutory standards: Receives $60,000 annual wages; or Has attained a master's or higher degree (or its equivalent) in a specialty related to the intended H-1B employment. Arrival-Departure Record (Form I-94) if the beneficiary is in the United States, SEVIS Form I-20 if the beneficiary is a current or former F-1 student or F-2 dependent, SEVIS Form DS-2019 if the beneficiary is a current or former J-1 or J-2, Form I-566 if the beneficiary is a current A or G nonimmigrant, Department of Labor certified LCA, Form ETA 9035, Employer/attorney/representative letter(s). This may include a copy of the signed, certified LCA. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. $750 for employers with oneto 25 full-time equivalent employees, unless exempt, $1,500 for employers with 26 or more full-time equivalent employees, unless exempt, $500 to be submitted with a request for initial H-1B status or with a request for a beneficiary already in H-1B status to change employers. Fortunately, the H-1B applies to many occupations, including those in the sciences, engineering, business administration, and more. For example, Widget Inc. submits a registration for Aryan as a software engineer. Ensure that any information provided during the electronic registration process matches the information provided on the petition. If a prospective petitioner submits two registrations for people with the same name, date of birth, and no passport number, we will consider the registrations duplicates and, therefore, invalid. As a safeguard, take the amendment receipt notice with you on your travels in case of any issues at reentry. year 2024 H-1B numerical allocations (H-1B cap), including the advanced degree exemption . The attorney would then be able to send the registrations to the relevant authorized official for that submission. There are different fees depending on the type of H-1B petition you are submitting. Furthermore, we would consider a registration to not be properly submitted if it contained an attestation that was not true and correct (for example, that a company worked with another entity to submit multiple registrations for the same beneficiary to unfairly increase chances of selection for that beneficiary). Employ 50 or more employees in the United States and more than 50% of those employees are in H-1B or L-1 nonimmigrant status. I am a legal representative submitting the H-1B registration online, and the Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, asks if I have an online account and what my account number is. Rejected petitions will not retain a filing date. Historically, employers filed their full, and often voluminous, H-1B cap-subject petitions . The question he had was whether he would be eligible to file a new cap-exempt H-1B petition. When paying by check, please be sure to enter the bank routing number and bank account number accurately. What happens if a legal representative submits a registration but then stops representing the registrant? The H-1B electronic registration process, implemented in 2020 beginning with the FY 2021 H1B cap, -has dramatically streamlined processing by reducing paperwork and data exchange, and provides an . This temporary increase is in response to stakeholder feedback and the volume of previous H-1B registrations that exceeded the daily credit card limit. An exemption category is available to U.S. employers that fall into one of the three exemption categories including: Its essential to recognize two overarching classifications of H-1B cap-exempt petitions. You must submit evidence of the beneficiarys education credentials (with English translations when applicable) at the time you file your petition. A11. An employer can apply for your H-1B visa even while youre living outside of the U.S. After its approved, you need to get an H-1B visa stamp at the U.S. Consulate or Embassy in your home county, and then you can legally enter the U.S. H-1B transfers are possible. Associate with a government organization or institution of higher education, it must: Be a non-profit entity. In order to submit an H-1B registration, you must first create a USCIS online account. Q16. A30. You will not be able to switch to a different account type yourself once you make an initial selection. When filling out the Form G-28, the representative must enter the same email address the registrant used when creating their USCIS account. However, the H-1B visa has an annual cap of 65,000. In contrast, standard processing can take anywhere from three to four months. Those are petitions filed on behalf of cap-exempt candidates and those filed by cap-exempt employers. If you are an attorney or representative, view the video below for steps on how to submit registrations for your clients. 23, 2018), Direct Filing Addresses for Form I-129, Petition for a Nonimmigrant Worker page, H and L Filing Fees for Form I-129, Petition for a Nonimmigrant Worker, Form I-129, Petition for a Nonimmigrant Worker web page. Both representatives and registrants must wait until March 1 to create and submit H-1B registrations. What happens to my registration submission if the payment fails to initially go through? A27. We do not send the client passcode directly to the registrant. The prohibition on an employer or related entities filing multiple H-1B cap petitions for the same beneficiary has not changed. This tier includes all form/support letter preparation plus case filing within the timeframe. The H1b visa cap-exempt is limited to only certain US employers. The new employer has filed a non-frivolous Petition for a Nonimmigrant Worker (Forms I-129/ I-129W) for the employment of the H-1B worker before the date of expiration of the workers authorized period of stay; and, The new employer has submitted, along with its petition, an unexpired, approved Labor Condition application (LCA) covering the same work that the individual is being hired to perform. Institution of higher education Nonprofit research organizations or government research organization A non-profit organization associated/affiliated with a higher education institution The large number of eligible registrations for beneficiaries with multiple eligible registrations - much larger than in previous years has raised serious concerns that some may have tried to gain an unfair advantage by working together to submit multiple registrations on behalf of the same beneficiary. If one person is the authorized signatory for two separate companies, could this person use their email with different domain names to set up a registrant account and submit registrations for the two companies? USCIS may deny or revoke a petition based on a registration that contained a false attestation and was therefore not properly submitted. If your payment is declined, your H-1B registration will be invalidated. 23, 2018). (Non-profits that do not qualify: service, community, policy, and art organizations), Associate with the institution through shared ownership or board control, Act as a branch, member of the subsidiary. Transferring to or from an H-1B Cap-Exempt Employer, O-1 Visa Lawyers All Your Need to Know in 2023. If you have incurred a gap in employment (ceased employment with an H-1B employer before transfer), it is advised to file premium processing. This is also true if one of the registrations submitted in a batch contains an error. Report suspected immigration benefit fraud and abuse to USCIS through our online tip form. It is your responsibility to submit valid payment. The 15-days guaranteed processing period begins when USCIS receives Form I-907, Request for Premium Processing Service. To be Cap-exempt means that certain organizations are exempt from the timeframe or limit that governs the 85,000 application cap and can file H-1B applications without going through H-1B cap. If the educational institution does not have a registrar, then the letter must be signed by the person in charge of educational records where the degree will be awarded. Connected to higher learning institutions through the non-profit being a member, subsidiary, branch, or cooperative. Please refer to the H and L Filing Fees for Form I-129, Petition for a Nonimmigrant Worker page for detailed instructions on H-1B fees. An H-1B transfer allows individuals with H-1B visa status or previous H-1B visa status to transfer to a different employer. By law, an H-1B holders spouse and dependents, children under 21 years old, can apply for H-4 status. A9. Once you identify an employer, you can expedite the process by opting for premium processing. Within that period, USCIS will either approve, issue a denial notice, notice of intent to deny, or request for evidence for your case. Official websites use .gov Q11. If you are interested in a cap-exempt transfer and have a gap in employment we recommend taking advantage of the premium processing service. We will remove all registrations submitted for the beneficiary by, or on behalf of, that prospective petitioner from the selection process. Another situation where the H-1B Portability Rule would come into play is when a cap-subject employee worked at a cap-exempt position and wanted to transfer to a new position. If you have previously been granted an H-1B cap exemption, then, according to USCIS guidelines, you will not be subject to the H-1B cap. A31. Sample H-1B Visa End Client Letter. Therefore Maria qualifies for the exemption even if Company X files the petition because she would be performing tasks that fall under the exemption rules and follow Company Ys mission. Registrants submitting their own registrations will enter their company information as part of their first H-1B registration. A letter from the registrar confirming that the beneficiary has met all of the degree requirements. Selections take place after the initial registration period closes, so there is no requirement to register on the day the initial registration period opens. Candidates Inside The U.S. However, it is essential to note that the premium processing feature only expedites the speed at which the USCIS processes your I-129 petition. If they request you send additional documents and evidence, a new 15 calendar period will begin when they respond to the R.F.E. As long as your I-94 is valid, then you can continue working in the U.S. for your H-1B sponsoring employee. Q27. The new employer may already hold an applicable LCA, or may have sought and received a new LCA in order to submit the petition.. In some instances, H-4 holders can also get the ability to work. Ensure all signatures comply with the requirements described in the form instructions and as explained in the, Required fees may be paid by check, money order, or. The attorney can designate multiple authorized officials in a client company. The H-1B visa holder will have to file an H-1B petition to the USCIS via their new employer to work both jobs. The passport number, when available and included on Form I-129, may help USCIS to confirm that the beneficiary named in the registration notice is the same individual as the beneficiary named in the petition and avoid processing delays. The advanced degree exemption is an exemption from the H-1B cap for beneficiaries who have earned a U.S. masters degree or higher and is available until the number of beneficiaries who are exempt on this basis exceeds 20,000. If your registration is invalidated while the registration period is still open, you will be able to submit a new registration with a valid payment. H-1B cap-subject petitions, including those eligible for the advanced degree exemption, may not be filed unless based on a valid and selected registration for the beneficiary named in the petition (unless the registration requirement is suspended). The recall feature is available to the representative once the client has reviewed the registrations but before the client attempts to link to the representative account. This will not affect petitions you may have with other unrelated employers. Q31. FY 2024 H-1B Cap Registration ProcessUpdate. Note that the lottery stages are tiered, and USCIS will select not all companies to file a complete H-1B petition. Please read the filing instructions carefully. However, we added duplicate checker functionality to the electronic registration process. Do I need to use a new email address to set up the H-1B registrant account? A17. The job itself has to require the degree and specialized skills you possess. You do not need to create a new legal representative account unless you do not have one. We suggest that the employer keep documentation of the reason for not filing, so that the employer would be able to show us the documentation if we have questions. Yes, you can select premium processing while filing or, at a later time, upgrade to it after getting the receipt notice. H-1B status, youll need the new employer to file a petition on your behalf. Must have entered into a contractual agreement with the institution that establishes a relationship between them (the non-profit) and the institution for education or research. Make sure each form is properly signed. Q21. Registrants or their representative are required to pay the $10 non-refundable H-1B registration fee for each beneficiary before being eligible to submit a registration for that beneficiary for the H-1B cap. Unused visas in this group become available for H-1B use for the next fiscal years regular H-1B cap. Suppose an audit determines that you have a petition for two employers that are parents, subsidiaries, or affiliates of one another. This check will compare the beneficiaries listed in the draft with any registrations previously submitted during this registration period. Citizenship and Immigration Services (USCIS) released data relating to the FY24 H1B registration lottery in an eMail to stakeholders and on its H1B Electronic Registration Process website.While the USCIS announced on March 27, 2023, that enough initial registrations were submitted to the fiscal year 2024 (FY24) H1B cap, including the advanced degree exemption (master's . All petitioners must pay a base filing fee for each petition filed. A helpful site is MyVisaJobs with their H-1B Visa Sponsor Database. The employee cannot do so on his/her welfare. Applicant/petitioner/requestor account Individuals use this type of account to prepare and file applications, petitions, or other benefit requests. Only way to verify is to ask their HR department. Currently, up to 65,000 visas are issued annually for foreign workers possessing at least a US bachelor's degree or its equivalent. Each registration is for a single beneficiary. An employer may file a cap-exempt H-1B petition for an employee if they previously held H-1B status in the U.S. and havent used their six years of status. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Likewise, if USCIS approved an I-140, you can obtain an extension in three-year increments assuming the priority date isnt current. Q25. This will result in the denial or revocation of both petitions. You may also use ouronline form,but you will get faster service by calling. 23, 2018) (PDF, 123.38 KB). This morning, the U.S. I work for one of the latter on a cap-exempt h1b. After youve received a job offer and demonstrated that its related to your educational proficiencies/degree, the employer needs to submit the H-1B cap-exempt petition on your behalf. Make sure you are filing a valid edition of Form I-129, as specified in the Edition Date section on the, An explanation as to why a second petition is being filed, with supporting evidence, such as the notice from the delivery service; and. If your checking information is not accurate, your payment will be declined when presented to your financial institution. The petitioner must sign the form, preferably in black ink. A19. Also, nonprofit research organizations which mainly engage in basic or applied research, governmental . The exception is if youre cap-exempt and moving to another cap-exempt employer. Prospective petitioners (also known as registrants) must use a registrant account within myUSCIS to submit registrations. No, it does not but the advantage is that it reduces processing time down to 15 days for a service fee of $2,500. Additionally, the employer must indicate that they are not displacing U.S. applicants by hiring a foreign worker. To reset your password, please visit the Forgot Your Password page on our website. There are several resources to turn to when looking for an H-1B cap-exempt employer. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. Also, we recommend that attorneys and authorized individuals who work for the same company coordinate to eliminate duplicates before submitting their registrations. H-1B1 The H-1B1 visa is an option available to nationals of Chile and Singapore. Ensure that any information provided during the electronic registration process matches the information provided on the petition. The initial registration period for FY 2024 will open at noon Eastern on March 1 and run through noon Eastern on March 17. Individual R.F.E.s can range between $500- $1600 depending on the cases circumstances. Yes. When the legal representative submits the Form G-28, the system generates the registrant passcode. . For a higher education institution to qualify, it must meet the USCIS-mandated criteria. Q29. A13. We do not refund the $10 fee if you delete a duplicate registration. You must file the petition with the correct USCIS service center. For more information about the H-1B program, visit ourH-1B Specialty Occupationswebpage. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted. The DOL wage establishes and certifies the prevailing wage or the employers proposed wage, depending on which one is higher. 501(c)(3), (c)(4), or (c)(6)). The cap gap extension allows for some F-1 students to extend their F-1 status and/or authorized period of post-completion OPT until they transition to the H-1B status on Oct. 1. Your registration data will be available in your account for 30 days from the date you last worked on your registrations. The system will not prevent a representative and a registrant from both registering the same beneficiary. Like the H1B visa transfer procedure, you can be eligible for work as soon as all fees are paid and the USCIS receives . Once approved, you can start working for the employer at any point after you have a valid visa. Ensure that the Labor Condition Application (LCA) properly corresponds to the position in your petition. The United States Citizenship and Immigration Services (USCIS) issues 85,000 h1b visas every year. While the status of the registration in the system will indicate submitted following completion of the Pay.gov payment process, the submission will only be valid once your payment clears. March 20: H-1B registration period closes at 5:00 p.m. Eastern. When we receive a timely and properly filed H-1B cap subject petition, the petitioner (and, if applicable, the petitioners legal representative) will be provided a Form I-797, Notice of Action, communicating receipt of the petition. If the representative entered an incorrect email address for the registrant, the representative could recall the Form G-28 by clicking the Recall G-28 for edits button at the bottom of the account homepage. A6. Although the entire H-1B lottery process is very complicated, some petitioners are able to bypass it if they fall within the exemption. Heres a case scenario to better illustrate the process: Maria Gonzalez is trying to determine if she would be eligible for cap exemption under H-1B. H-1B workers performing labor or services in the Commonwealth of the Northern Mariana Islands (CNMI) and Guam may also be exempt from the H-1B cap (see the Consolidated Natural Resources Act of 2008 (CNRA), Public Law 110-229). If I have an existing applicant myUSCIS account, do I have to create an H-1B registrant account? What is the H-1B Cap-Exempt Processing Time? May an authorized signatory within the company, who is different from the authorized signatory who signed the H-1B electronic registration, sign the paper Form I-129? A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. H-1B cap-exempt jobs can hire foreign workers year-round, and those workers can start at any point. Your visa is simply a travel document. Petitioners should enter their own address in Part 1, question 3 of the Form I-129. On March 27, 2023, USCIS announced it had received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2024 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master's cap).. FY 2024 H-1B Registration Overview. H1B cap-exempt employers include institutions of higher education or related or affiliated nonprofit entities, nonprofit research organizations, and governmental research organizations.
