We prefer that you submit a separate check for each fee. 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. It does not change. Q26. When paying by check, please be sure to enter the bank routing number and bank account number accurately. There are certain situations where you could extend your visa past the six-year limit, and those include if you filed your PERM Labor certification or I-140 at least 365 days prior, then you could get an H-1B extension in one-year increments. Feb. 21: Petitioners and registrants can begin creating H-1B registrant accounts at noon Eastern. A4. The H-1B program is designed to allow US employers to hire foreign nationals to fill positions within the US workforce that are called "specialty occupations". The new employer will enter you into the lottery based on the educational requirements of the position. The regular H-1B visa cap dedicates 65,000 petitions to foreign workers with the required skills and qualifications. Preferred order of documents at time of submission: If you will include multiple petitions in the same package, please place the individual petitions into separate envelopes within the package. The petition would be for the remainder of the employees allowed time in the U.S.. For example, an employee named Juan Valdez was in the U.S. on H-1B status from February 15, 2003, to December 1, 2006. It is your responsibility to submit valid payment. 501(c)(3), (c)(4), or (c)(6)). If payment is completed with a credit card or debit card, the status of the registration in the system will indicate submitted following completion of the Pay.gov payment process. 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. 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. As you can see, the portability rule is quite complex. What are the advantages to an employer in hiring an exempt H-1B? It will not check for duplicates within that draft or between drafts. The question he had was whether he would be eligible to file a new cap-exempt H-1B petition. If the visa found in your passport expires, that doesnt necessarily mean you have to leave the country right away because your legal status depends on the I-94 expiration date. H-1B Cap-Exempt Non-Profit Organization Requirements. Since the registration was not properly submitted, the prospective petitioner would not be eligible to file a petition based on that registration in accordance with the regulatory language at 8 CFR 214.2(h)(8)(iii)(A)(1). You must submit evidence of the beneficiarys education credentials (with English translations when applicable) at the time you file your petition. However, you can probably expect to receive a request for evidence, which could delay processing. Do you send the Form G-28 client passcode to the registrant? You can click No to this question and move on to the next question. USCIS makes an error and you file a petition to correct the error. You do not need to create a new legal representative account unless you do not have one. Their application will need to demonstrate that their job qualifies as cap-exempt and meets the aforementioned criteria. If your payment is declined, your H-1B registration will be invalidated. According to the DOL, the H-1B cap-exempt minimum wage is at least $60,000 in the calendar year. USCIS has added duplicate checker functionality to the electronic registration process. Click here if you want to learn more about H-1B cap exempt employers. Please choose the correct account typeH-1B Registrant or Legal Representative, as applicablewhen you create your account. **The number of selections was smaller in FY 2024 than in prior years primarily due to (a) establishing a higher anticipated petition filing rate by selected registrants based on prior years; and (b) higher projected Department of State approvals of H-1B1 visas, which count against the H-1B cap. If your checking information is not accurate, your payment will be declined when presented to your financial institution. It does not increase your chances of USCIS selecting you for the lottery, and it does not make you cap-exempt. The H-1B visa holder will have to file an H-1B petition to the USCIS via their new employer to work both jobs. We have specific mailing addresses for cases that are subject to the H-1B cap. However, we will consider registrations as duplicates if the registrations are for the same prospective petitioners and the same prospective beneficiaries. Yes. To reset your password, please visit the Forgot Your Password page on our website. Additional information is available on our How Do I Request Premium Processing? A11. One of the advantages of the H-1B cap-exempt processing time to regular processing time is that the H-1B lottery and season do not restrict cap-exempt status. *The count of eligible registrations excludes duplicate registrations, those deleted by the prospective employer prior to the close of the registration period, and those with failed payments. Yes, you will need to create a new account. This post will explore a range of H-1B cap-exempt topics, including H-1B cap-exempt jobs, requirements, H-1B cap-exempt employers, minimum wage, H-1B cap-exempt employers, and more. There are different fees depending on the type of H-1B petition you are submitting. If you are currently working for a cap-exempt employer, you can also concurrently work for a cap-subject employer, and the cap-subject employer does not have to go through the H1b lottery process. The time it takes the DOL with the prevailing wage determination (if needed), the L.C.A., and USCIS processing can take six months or more. 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. Although we will not automatically reject the Form I-129 petition for typos on the selected registration in comparison with the Form I-129, the burden is on the registrant/petitioner to confirm that all registration and petition information is correct and to establish that the H-1B cap petition is based on a valid registration submitted for the beneficiary named in thepetition and selected by USCIS. H-1B cap petitions and advanced degree exemption petitions for the FY 2024cap must include an employment start date of no earlier than Oct. 1, 2023. Individual R.F.E.s can range between $500- $1600 depending on the cases circumstances. Therefore the transfer could be filed whenever they wanted. Using this check does not guarantee that you will not submit a duplicate. When the legal representative submits the Form G-28, the system generates the registrant passcode. The legal cost for them to handle that is $2,300, which includes responses on your behalf for any R.F.E.s requested by USCIS and any H-4 applications (for dependent members of H-1B holders to come to the U.S. to join their relative). There are three types of USCIS online accounts: A prospective petitioner may only have one registration submitted per beneficiary per fiscal year. If you properly file a second H-1B petition and withdraw the first, USCIS will withdraw the first petition and proceed with adjudication of the second petition. However, you must file this new petition before the H-1B holders visa expires. If you need other technical support, please call the USCIS Contact Center at 800-375-5283. To that end, USCIS also provides a tool to download a .csv file and search for duplicate entries. If we select a registration under the advanced degree exemption (under INA 214(g)(5)(C)) because the beneficiary has earned, or will earn prior to the filing of the petition, a masters or higher degree from a U.S. institution of higher education, the beneficiary must be eligible for the advanced degree exemption at the time of filing Form I-129, Petition for a Nonimmigrant Worker. If information on the registration and petition does not match, USCIS may reject or deny the petition. Upon reviewing my documents this new company said they cannot transfer my H1B because they are non cap exempt. 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. Based on evidence from the FY 2023 and FY 2024 H-1B cap seasons, USCIS has already undertaken extensive fraud investigations, denied and revoked petitions accordingly, and is in the process of initiating law enforcement referrals for criminal prosecution. Will the H-1B registration system affect how USCIS handles the prohibited filing of multiple H-1B petitions for the same beneficiary by related entities? You would be able to delete the registration for the beneficiary that contained the error without affecting the rest of the batch submission. We remind the public that at the time each registration is submitted, each prospective petitioner is required to sign an attestation, under penalty of perjury, that: If USCIS finds that this attestation was not true and correct, USCIS will find the registration to not be properly submitted and the prospective petitioner would not be eligible to file a petition based on that registration. Furthermore, USCIS may also refer the individual or entity who submitted a false attestation to appropriate federal law enforcement agencies for investigation and further action as appropriate. You can check USCIS processing times online. In that case, USCIS will revoke all of your petitions from the related employers. . To help with that, we also offer a tool to download a .csv file and search for duplicate entries. You must file your petition with the correct service center, as indicated on your Registration Selection Notice. If a prospective petitioner submits registrations for unrelated beneficiaries who happen to have the same name, date of birth, and no passport numbers, would USCIS consider those registrations duplicates? 23, 2018) (PDF, 123.38 KB). The 15-days guaranteed processing period begins when USCIS receives Form I-907, Request for Premium Processing Service. FY 2024 H-1B Cap Registration ProcessUpdate. A decent rule of thumb is if their website doesn't end with an .edu or .org, it's very likely they are not cap-exempt. You must indicate a start date of Oct. 1, 2023or later (and six months or less from the receipt date of the petition) on your petition or your petition will be rejected or denied. Where should a petitioner with a selected registration file their Form I-129 and supporting documentation? A16. Measures to Combat Fraud in the Registration Process. And H1B visa holder's new employer will have to subscribe an H1B student transfer petition at that USCIS. Ensure that the Labor Condition Application (LCA) properly corresponds to the position in your petition. We use the information provided during the electronic registration process to help us determine if a petition is subject to the congressionally mandated cap of 65,000 H-1B visas (commonly known as the regular cap) or the advanced degree exemption. different types of green cards in the U.S. You must file the petition with the correct USCIS service center. If the beneficiary has met all of the requirements for a degree, but the degree has not yet been awarded, you may submit the following alternate evidence: If you indicate that the beneficiary is qualified based on a combination of education and experience, please provide substantiating evidence at the time you file your petition. How does the attorney set them up as a client and allow the contact for each division to sign for submissions of employees in their division? As long as your I-94 is valid, then you can continue working in the U.S. for your H-1B sponsoring employee. After the legal representative submits a registration, will the registrant be notified via email or by logging into their account? If USCIS finds that this attestation 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), USCIS will find that registration to not be properly submitted. Prospective petitioners seeking to file H-1B cap-subject petitions, including for beneficiaries eligible for the advanced degree exemption, must first electronically register and pay the associated $10 H-1B registration fee for each prospective beneficiary. How do I find it? Holdings, also submits a registration for Aryan for the same position. Selected:Selected to file an H-1B cap petition. The attorney can designate multiple authorized officials in a client company. Under the new regulation, a nonprofit will be exempt from the annual H-1B visa quota if it meets any one of the following four conditions. For the H-1B visa holder to change employers, the new employer must submit an H-1B Visa Transfer petition with the USCIS. To review the steps on how to create an online account, sign into your account, or complete an H-1B registration with USCIS, visit theH-1B Electronic Registration Processpage. While times may vary slightly, premium processing typically takes 15 days, and the service fee is $2,500. Again, we need to reemphasize that all petitioners can complete the initial registration on their own accord. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. Our handling of multiple H-1B cap petitions is consistent with 8 CFR 214.2(h)(2)(i)(G) and Matter of S- Inc., Adopted Decision 2018-02 (AAO Mar. 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. Q28. Petitioners should enter their own address in Part 1, question 3 of the Form I-129. Prospective petitioners (registrants) must create registrant accounts for H-1B registration and, if submitting registrations through a representative, must enter the case access passcode from their representatives to connect the accounts and submit the registrations. 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. A helpful site is MyVisaJobs with their H-1B Visa Sponsor Database. H-1B cap-exempt jobs can hire foreign workers year-round, and those workers can start at any point. See below the attorney fees charged by VisaNation Law Group: Tier 1: $550 for the initial registration process, which includes all preliminary case analyses required to file the case. The H-1B electronic registration process, implemented in 2020 beginning with the FY 2021 H-1B cap, has dramatically streamlined processing by reducing paperwork and data exchange, and provides an overall cost savings to . However, we added duplicate checker functionality to the electronic registration process. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Suppose an audit determines that you have a petition for two employers that are parents, subsidiaries, or affiliates of one another. 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. An H-1B transfer allows individuals with H-1B visa status or previous H-1B visa status to transfer to a different employer. Also, review the country of birth and citizenship and the I-94 number (if applicable) for accuracy. If your payment initially fails or is canceled before it can be processed on Pay.gov, you will see a payment failure notification on the screen and your registration will not be submitted. This check will compare the beneficiaries listed in the draft with any registrations previously submitted during this registration period. There are 1400 visas available annually for Chileans and 5400 for Singaporeans. Please see the steps outlined in the Tips for Filing Forms Online page to see if your account qualifies. A33. The new employer may already hold an applicable LCA, or may have sought and received a new LCA in order to submit the petition.. What is the H-1B Cap-Exempt Processing Time? Concurrent cap-exempt employment: Based on the January 17, 2017 USCIS memo, if the concurrent cap-exempt employment ceases before the end of the petition validity period of the cap-subject employment, and the H-1B nonimmigrant worker is not otherwise exempt from the numerical limitations, USCIS may revoke the approval of the cap-subject concurrent employment petition. See the Tips for Filing Forms Online webpage for information on how to delete your account. Moreover, according to USCIS, the ACWIA fee is also not required when: 2023 VisaNation, Inc. All Rights Reserved. After USCIS chooses your position in the lottery, your company may retain a VisaNation Law Group attorney to complete the process. The attorney would then be able to send the registrations to the relevant authorized official for that submission. Alternatively, you can: You can continue to use a credit card, limiting your daily credit card transactions to a total of $39,999.99 per card. Theres a distinction between your visa stamp and your immigration status in the U.S. You must submit this fee with a request for initial H-1B status or a request for a beneficiary already in H-1B status to change employers. H-1B specialty occupations may include fields such as architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts. However, this has given rise to the practice of having related companies or business entities submit individual registrations on behalf of the same employee for the same job. All supporting documentation to establish eligibility. Form I-129, Petition for a Nonimmigrant Worker, H Classification Supplement to Form I-129, H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement. The H-1B selection process is then run on properly submitted electronic registrations. Under the Higher Education Act of 1965, nonprofit colleges, and universities offering an associate's degree or higher are generally cap-exempt. If you log out and log in again later, you will be able to view that same code that you will need to provide to the registrant (your client). Both representatives and registrants must wait until March 1 to create and submit H-1B registrations. 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. The information contained on this website is for general information purposes only and is not a substitute for legal advice and does not create an attorney-client relationship. You may not use an LCA for more workers than specified in Part B, Question 7 of the LCA. For a higher education institution to qualify, it must meet the USCIS-mandated criteria. Will the system prevent the representative and the registrant from both entering the same beneficiary? You can begin working the day the employer receives the receipt from the USCIS. The petitioner must sign the form, preferably in black ink. Registrants submitting their own registrations will enter their company information as part of their first H-1B registration. Our system will not separately notify the registrant. USCIS previously announced that premium processing resumed on June 26 for H-1B petitions filed on behalf of physicians under the Conrad 30 waiver program as well as interested government agency waivers. Representatives can create an account at any time by using the same kind of account already available to representatives. Please see the video below for instructions about setting up registrant accounts. Petitioners must file at the location indicated on the H-1B registration selection notice, which may be different from the historical Form I-129 filing jurisdictions for cap cases. As previously announced, on March 27, 2023, USCIS received enough electronic registrations during the initial registration period to reach the FY 2024 H-1B numerical allocations (H-1B cap), including the advanced degree exemption also known as the masters cap. A27. No. Note that the lottery stages are tiered, and USCIS will select not all companies to file a complete H-1B petition. Complete all required sections of the form accurately and in accordance with the regulations and form instructions. In contrast, standard processing can take anywhere from three to four months. We analyze the data of submitted registrations for fraud trends, and we may refer registrants who abuse or attempt to abuse the system to federal law enforcement agencies for investigation and further action. Transferring to or from an H-1B Cap-Exempt Employer, O-1 Visa Lawyers All Your Need to Know in 2023. The initial registration period for a minimum of 14 calendar days each fiscal year. 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). In addition to the base filing fee, you may need to pay one of the following fees for a petition subject to the cap: American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee: The ACWIA fee information is available in Section 2 of the H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement on pages 19-21 of Form I-129. This tier includes all form/support letter preparation plus case filing within the timeframe. You can sign-in to your account at any time before the initial registration period closes at noon Eastern on March 17, 2023, to try the payment and registration submission again. However, a person who works for an H-1B cap-exempt employer who changes jobs to an employer that is not exempt may become subject to the H-1B cap. Its worth noting that this six-year time period is only reset if you have been out of the U.S. for a minimum of one year; then you can file another H-1B under the quota. A29. Even if using this check function, the burden is still on the registrant and their authorized attorney or representative, if applicable, to ensure that no duplicate registrations are submitted. We would not consider such registrations duplicates. Claiming cap exemption status is an effective way for employers to attempt to avoid the H-1B cap. By law, an H-1B holders spouse and dependents, children under 21 years old, can apply for H-4 status. The unique code generated when you create the Form G-28 remains on your homepage. If you do not, we will reject or deny your petition. In order to satisfy the requirements of this temporary, nonimmigrant visa, the job must require at least a specific bachelor's (four-year) degree, and the worker must have a relevant U.S. bachelor's degree, foreign degree, or equivalent education and/or experience. Once you identify an employer, you can expedite the process by opting for premium processing. AC21 Series: New Ways for Nonprofits to Claim Exemption. The recall feature is not available if the client has attempted to link the account. Does the client need to provide only one company contact for all their offices? Prospective petitioners (also known as registrants) must use a registrant account within myUSCIS to submit registrations. Due to the current travel restrictions caused by the pandemic, it may be wise to consult with an H-1B lawyer before traveling without an approved H-1B amendment. Will I be able to change it to the correct account type later? 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. Q21. Tier 3: $500$1,500 will be the cost of a Request For Evidence (R.F.E.) Review our. Will USCIS invalidate registrations as duplicates if the same representative submits two registrations for the same beneficiary, but for two unrelated companies? Q3. This may include a copy of the signed, certified LCA. Since the cost to register an H-1B cap petition into the lottery is so low, we expect many entries into the lottery again this year. Yes. This exemption category is available to US employers that fall into one of four categories including: Institutions of higher education; After its submitted, youll need to wait to hear whether USCIS has approved it. No. Q11. Please note that we do not take responsibility for the informations validity in the above database link. We have updated our Direct Filing Addresses for Form I-129, Petition for a Nonimmigrant Worker, webpage to show that petitioners must file at the service center listed on their selection notice. Q5. If you choose the wrong account type, you may use a new email address to create a new account in myUSCIS and choose the correct account type. 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 is because you will no longer be a cap-exempt candidate and have not been counted against the H-1B cap. If the employee works full-time, but for less than a year, they must get a prorated share of the $60,000. 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. Q30. If I have an existing applicant myUSCIS account, do I have to create an H-1B registrant account? How do I reset the password for my USCIS account or get technical support? The H-1B visa program allows employers to temporarily employ foreign workers in the U.S. on a nonimmigrant basis in specialty occupations or as fashion models of distinguished merit and ability. In order to qualify you must be able to show that: 1) You were in H-1B status in the US within the past 6 years. When you submit your registration(s), you must attest, under penalty of perjury, that all of the information contained in the submission is complete, true, and correct. To help you find a position at a cap exempt company, we compiled a list of the top 500 cap exempt employers sorted by the number of H1B visas they sponsored in the last few years. Its also essential to be conscious of any contracts or agreements youve signed with non-compete clauses to avoid repercussions. Q2. - The agency selected 110,791 beneficiaries to reach the H-1B quota of 85,000, for an overall selection rate of 14.6%. H-1B visa is a non-immigrant visa that permits a US company to hire workers in specialty occupations . You cannot file it. If we cannot determine that the petitioning entity is the same as the prospective petitioner identified on the selected registration, we may reject or deny the petition. Ensure that the petition is properly signed. If, in the past, you were under H-1B status and are currently outside of the U.S., you might qualify to have an employer file a cap-exempt petition. A31. Q13. A21. post cute-fiesty 2 yr. ago good_game_wp 2 yr. ago . You will also be able to submit Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative. What happens to my registration submission if the payment fails to initially go through? In addition, the IRS should approve the non-profit as a tax-exempt organization for research or educational services by the I.R.S. H-1B workers in Guam and the CNMI are exempt from the H-1B cap if their employers file the petition before Dec. 31, 2029. Step 1: Documents Required for H1B Transfer: Obtain Documentation from Previous Employer Step 2: File an I-129 Petition with the USCIS Petition Letter Step 3: Receive H1B Visa Stamp or Change of Status Approval Step 4: Start New Employment with Employer B (if Cap Exempt) Why Did Your H1B Transfer Get Denied? H-1B Electronic Registration Process Prospective petitioners seeking to file H-1B cap-subject petitions, including for beneficiaries eligible for the advanced degree exemption, must first electronically register and pay the associated $10 H-1B registration fee for each prospective beneficiary.

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