The attorney would then be able to send the registrations to the relevant authorized official for that submission. 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. Q21. The initial registration period for a minimum of 14 calendar days each fiscal year. Once approved, you can start working for the employer at any point after you have a valid visa. All clients (prospective registrants) will need to create an H-1B registrant account to review and approve the Form G-28 and H-1B registrations as part of the electronic registration process. 1. Why is this occurring? Selections take place after the initial registration period closes, so there is no requirement to register on the day the initial registration period opens. How do I find it? If you will be represented by an attorney or other accredited representative, submit a properly completed Form G-28, Notice of Entry of Appearance as Attorney or Representative. All supporting documentation to establish eligibility. 23, 2018). Similar to the H-1B, the H-1B1 requires that the position is a specialty occupation and that the applicant must have at least a bachelor's degree or higher. For further information on Form G-28, please see our Filing Your Form G-28 page. Please be sure to complete all required sections of the form accurately and in accordance with the regulations and the form instructions. As long as your I-94 is valid, then you can continue working in the U.S. for your H-1B sponsoring employee. We are working on an upcoming H-1B modernization rule that will propose, among other improvements, bolstering the H-1B registration process to reduce the possibility of misuse and fraud in the H-1B registration system. The H1b visas are issued in limited numbers to control the net migration of skilled labor in the US market. You must file your petition with the correct service center, as indicated on your Registration Selection Notice. The company would need to have the individuals at each office create their own registrant account for which they are authorized to sign. This Holland & Knight alert sets forth some common alternative immigration options for employers that have critical employees whose registrations were not selected in the lottery. Will the system generate a new one-time code that the legal representative sends to the registrant each time the legal representative goes into the system to view or edit the Form G-28? While not required information if the beneficiary is outside the United States, you may include the beneficiarys passport number on Form I-129. As a registrant, can I delete my account? In addition, the IRS should approve the non-profit as a tax-exempt organization for research or educational services by the I.R.S. Their application will need to demonstrate that their job qualifies as cap-exempt and meets the aforementioned criteria. In that case, USCIS will revoke all of your petitions from the related employers. As such, when it comes to H1B nonimmigrant visas, unless an employer is H1B cap exempt . 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. 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. Yes, you can select premium processing while filing or, at a later time, upgrade to it after getting the receipt notice. However, we will consider registrations as duplicates if the registrations are for the same prospective petitioners and the same prospective beneficiaries. Please see the Department of Labors Office of Foreign Labor Certification website for more information on the LCA process. If registering for the masters cap based on the expectation that the beneficiary will earn a qualifying advanced degree and the registration is selected under the masters cap, but the beneficiary does not obtain their qualifying advanced degree by the time of filing the cap-subject H-1B petition, is there a risk that USCIS will deny the cap-subject H-1B petition for that beneficiary? It is a dual intent visa which means you can pursue legal permanent residency while under this status. 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. For example, if they resign after working only three months, they will still be due compensation of at least $15,000 for their work. While times may vary slightly, premium processing typically takes 15 days, and the service fee is $2,500. Report suspected immigration benefit fraud and abuse to USCIS through our online tip form. A registrant will not be able to appeal our finding that the registrations are duplicates. We would not consider such registrations duplicates. A19. If you create a new Form G-28, the system will generate a new passcode for the new Form G-28. Each year in March, U.S. This will result in the denial or revocation of both petitions. Cap-exempt employers do not need to pay this fee. A25. Secure .gov websites use HTTPS You may not use an LCA for more workers than specified in Part B, Question 7 of the LCA. You must submit evidence of the beneficiarys education credentials (with English translations when applicable) at the time you file your petition. Technically, two different employers submitted H-1B cap petitions, so the rule can be abused. However, to be considered exempt from the ACWIA fee, such petitions may not contain any requests to extend the validity unless the USCIS error involves the validity dates. Q9. Q20. Q19. 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. If you are an attorney and already have an existing legal representative account, your account will work with the H-1B electronic registration process. Additional information is available on our How Do I Request Premium Processing? Not Selected:Not selected not eligible to file an H-1B cap petition based on this registration. 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. 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. Institution of higher education Nonprofit research organizations or government research organization A non-profit organization associated/affiliated with a higher education institution Premium processing is currently available for all H-1B petitions. 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. Completely operated by the higher learning institution. You can log into your account to check if the registrant has approved the Form G-28 and the H-1B registrations. Click here if you want to learn more about H-1B cap exempt employers. If there is a typo on the registration in comparison to the Form I-129, will USCIS reject the Form I-129 petition? During the registration period for the FY 2024 H-1B cap, USCIS saw a significant increase in the number . Unlike the regular and advanced degree categories, the H-1B cap exempt category does not have a set quota or annual limit. The attorney can designate multiple authorized officials in a client company. 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. After USCIS chooses your position in the lottery, your company may retain a VisaNation Law Group attorney to complete the process. Yes. You must provide a copy of the H-1B Registration Selection Notice for the registration filed by your organization on behalf of the beneficiary with the petition. You can look up employers and find databases that match you to a suitable H-1B cap-exempt employer. Please read the filing instructions carefully. It will not check for duplicates within that draft or between drafts. A15. Registrants submitting their own registrations will enter their company information as part of their first H-1B registration. If you decide to switch from an H-1B cap-exempt employer to one that is cap-subject, you may encounter a situation where a cap-subject employer will try and submit multiple registrations for you. How do I reset the password for my USCIS account or get technical support? If USCIS selects your petition, you can begin working for the cap-subject employer simultaneously. They will need two separate accounts, one for each company. . The specific filing period and filing location for your petition will be located on your H-1B Registration Selection Notice or on the USCIS website in the event the registration requirement is suspended. This check will compare the beneficiaries listed in the draft with any registrations previously submitted during this registration period. In this article, we take a look at the candidates who are exempt from the H-1B cap. If information on the registration and petition does not match, USCIS may reject or deny the petition. Yes, you will need to create a new account. Please note that up to 6,800 visas are set aside from the 65,000 each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore free trade agreements. 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. A helpful site is MyVisaJobs with their H-1B Visa Sponsor Database. The employer also enters this wage on the L.C.A. A22. Below you will find answers to the most commonly asked questions about the topic: Some J-1 Exchange Visitors cannot get H-1B status until meeting the two-year, home-country physical presence requirement or USCIS waives it. 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. 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? A letter from the registrar confirming that the beneficiary has met all of the degree requirements. It does not change. Also, review the country of birth and citizenship and the I-94 number (if applicable) for accuracy. The system will not prevent a representative and a registrant from both registering the same beneficiary. What happens if an attorney represents a company that has several offices throughout the United States that all have the same employer identification number but different human resources contacts (signatory representatives for each of the offices or departments). What if I choose the wrong account type when I am creating a USCIS online account? $10 for each registration. This means an F-1 student filing for H1-B status on April 1 with a benefit start date of Oct. 1 may qualify for an extension of status and/or employment authorization. Payable to the Department of Homeland Security; Form G-28 (if represented by an attorney or accredited representative), Copy of the Registration Selection Notice for the Beneficiary Named in the Petition, H Classification Supplement to Form I-129 and/or Trade Agreement Supplement to Form I-129 (for H-1B1 Chile-Singapore petitions). You must indicate a start date of Oct. 1 or later (of the applicable fiscal year, and 6 months or less from the receipt date of the petition) on your petition or your petition will be rejected or denied. However I got an offer from a non cap exempt H1B company and have resigned from my previous job and began the on boarding process. You will also be able to submit Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative. Ensure that any information provided during the electronic registration process matches the information provided on the petition. Often finding an employer is the most time-consuming process. I work for one of the latter on a cap-exempt h1b. However, we added duplicate checker functionality to the electronic registration process. Secure .gov websites use HTTPS *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. Connected or affiliated with an institution of higher learning via shared ownership or control by the same board. Also, nonprofit research organizations which mainly engage in basic or applied research, governmental . The H-1B cap-exempt processing time varies from case to case but is on average six months. Do I need to use a new email address to set up the H-1B registrant account? We remain committed to deterring and preventing abuse of the registration process, and to ensuring only those who follow the law are eligible to file an H-1B cap petition. You have until March 17, while the initial registration period is still open, to log into your account, review all of your H-1B registrations, and delete any duplicate 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. Not all H-1B nonimmigrant visas (or status grants) are subject to this annual cap. If you are an attorney or representative, view the video below for steps on how to submit registrations for your clients. 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. 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. Historically, employers filed their full, and often voluminous, H-1B cap -subject petitions . Review our. If you discover you or your representative submitted more than one registration for the same person and the initial registration period is still open (before noon Eastern on March 17, 2023), you can go into your account and delete the extra submission(s) until there is only one registration for the beneficiary. Evidence of Beneficiarys Educational Background. different types of green cards in the U.S. If your petition is rejected because it was filed at the wrong location, you may refile your rejected petition with the correct service center as long as the petition is refiled during the designated 90-day filing window on your Registration Selection Notice. Q5. All of the information contained in the registration submission is complete, true, and correct; the registration(s) reflect a legitimate job offer; and. 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. If you do not, we will reject or deny your petition. 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. 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. A5. Sample H-1B Visa End Client Letter. Please see the video below for instructions about setting up registrant accounts. page. You must have a higher degree in that field and must be working for a cap-subject employer or a cap-exempt employer. Q28. The petitioner must sign the form, preferably in black ink. You should appreciate that a cap-exempt employer is ready to sponsor your H1b visa because it is never a sure thing that if you wait and apply for an H1b . 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. Another example is Siddhartha, an energy. 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. The legal representative will need to notify the registrant that the registration and Form G-28 were entered for the registrants review; or the registrant can see the registrations and Form G-28 by logging into their account. However, by statute, H1B visas are subject to an annual numerical limit of 65,000 visas for every fiscal year, although the first 20,000 petitions for these visas filed on behalf of beneficiaries with US master's degrees or higher are exempt from this cap. Please choose the correct account typeH-1B Registrant or Legal Representative, as applicablewhen you create your account. If you are interested in a cap-exempt transfer and have a gap in employment we recommend taking advantage of the premium processing service. One of the most popular options is to apply for positions at companies that are exempt from this year's cap. 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?