By law, an H-1B holders spouse and dependents, children under 21 years old, can apply for H-4 status. The H-1B cap-exempt processing time varies from case to case but is on average six months. Form G-28, Notice of Entry of Appearance as Attorney or Representative. We would not consider such registrations duplicates. H-1B Cap-Exempt Non-Profit Organization Requirements. The employer also enters this wage on the L.C.A. 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). Can an attorney represent a petitioner for an I-129 petition if the petitioner completed the H-1B electronic registration process without the help of the attorney? Looking for U.S. government information and services? If USCIS selects your petition, you can begin working for the cap-subject employer simultaneously. Please see the Department of Labors Office of Foreign Labor Certification website for more information on the LCA process. The initial registration period for FY 2024 will open at noon Eastern on March 1 and run through noon Eastern on March 17. Upon reviewing my documents this new company said they cannot transfer my H1B because they are non cap exempt. All supporting documentation to establish eligibility. This will ensure that the I-797 receipt and approval notices are sent to the petitioner. You must submit all registrations and payments successfully before noon Eastern, March 17, 2023, for consideration in the initial registration period selection process. As you can see, the portability rule is quite complex. Q29. While the advantages of entering the U.S. under a cap-exempt employer and transferring to a cap-subject employer seem promising, the reality is that this is not a loophole that people can exploit. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. You can look up employers and find databases that match you to a suitable H-1B cap-exempt employer. However, the prospective petitioner (registrant) at the registration stage must match the petitioner at the Form I-129 stage. Ensure that any information provided during the electronic registration process matches the information provided on the petition. Based on our experience with the H-1B electronic registration period, the top two user errors are: Make Sure You Create the Right Type of Account. They will need two separate accounts, one for each company. We will reject all petitions submitted with the incorrect filing fee. Feb. 21: Petitioners and registrants can begin creating H-1B registrant accounts at noon Eastern. 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. Registrations can be submitted and paid for until the registration period closes at noon Eastern on March 17, 2023. You may also use ouronline form,but you will get faster service by calling. A30. He would also not be eligible because he used up his six years, so he also would need to file in the next H-1B lottery season. - USCIS received a record 758,994 eligible registrations for the FY 2024 H-1B cap season - a 60% increase over last year's eligible registration pool. If I have an existing applicant myUSCIS account, do I have to create an H-1B registrant account? Q22. Under the H-1B Portability Rule, an H-1B visa holder can change employers and start working for the new employer the day USCIS receives the new employers H-1B transfer petition. Submitted:The registration has been submitted and is eligible for selection. Prospective petitioners (also known as registrants) must use a registrant account within myUSCIS to submit registrations. If you are outside of the U.S. and the visa in your passport expires, then you should go to your U.S. consular to apply for a new H-1B visa. Will USCIS invalidate registrations as duplicates if the same representative submits two registrations for the same beneficiary, but for two unrelated companies? To qualify as an H-1B cap-exempt non-profit research or government research organization, the organization must meet the definition of a non-profit entity and its requirements: No. To ensure fair and orderly distribution of available H-1B visas, we will deny or revoke multiple or duplicative petitions filed by an employer (including its related entities) for the same H-1B worker and will not refund the filing fees. Q4. A .gov website belongs to an official government organization in the United States. However, to authorize their representation, the attorney would need to file a Form G-28 with the Form I-129 H-1B petition. See the Tips for Filing Forms Online webpage for information on how to delete your account. In contrast, standard processing can take anywhere from three to four months. It will not check for duplicates within that draft or between drafts. 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. 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 petitioner should file their petition at the service center indicated on their selection notice and must include all required fees and supporting evidence with the filing. A22. USCIS will deny or revoke multiple or duplicative petitions filed by the same petitioner, for the same H-1B worker in the same fiscal year, and will not refund the filing fees. According to the DOL, the H-1B cap-exempt minimum wage is at least $60,000 in the calendar year. Evidence of Beneficiarys Educational Background. The legal representative will need to share this passcode with the registrant, so the registrant can add that individual as a representative and review and approve the draft H-1B registration and Form G-28. 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. You must agree to the Terms of Use, which include an attestation that you are the person that holds the account and that you will not share your account with others or allow others to use your account. Petitioners may not file multiple or duplicative H-1B petitions for the same beneficiary. The attorney would then be able to send the registrations to the relevant authorized official for that submission. Invalidated-Failed Payment:A registration was submitted but the payment method was declined, not reconciled, disputed, or otherwise invalid. This does not prevent other prospective petitioners or their representatives from submitting registrations for that same beneficiary, but they too need to ensure that each prospective petitioner only has one registration submitted for the beneficiary. No. To further illustrate what fees a company would be responsible for, heres an example of one tech companys fees: FundTech Company has 65 employees, and 70% of its employees are on H-1B visas. 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. There is no definitive database for cap exempt employers, unfortunately. During the registration period for the FY 2024 H-1B cap, USCIS saw a significant increase in the number of registrations submitted compared to prior years. Q17. If you only submit one check as combined payment for all applicable fees and certain fees do not apply or are incorrect, we will reject your H-1B petition. As long as your I-94 is valid, then you can continue working in the U.S. for your H-1B sponsoring employee. 23, 2018). If your original sponsoring employer is cap-exempt and you wish to transfer to a cap-subject employer, then the latter employer will need to file an H-1B cap petition on your behalf. If you properly submitted other registrations for different beneficiaries, these valid registrations would remain in the system for the selection process. Under this process, prospective petitioners (also known as registrants), and their authorized representatives, who are seeking to employ H-1B workers subject to the cap, complete a registration process that requires basic information about the prospective petitioner and each requested worker. 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. 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). You do not need to create a new legal representative account unless you do not have one. H1B petitions filed by nonprofit research organizations or governmental research organizations, as defined in 8 CFR 214.2 (h) (19) (iii) (C), are exempt from the H1B cap. Not Selected:Not selected not eligible to file an H-1B cap petition based on this registration. USCIS plans to resume premium processing of other H-1B petitions as workloads permit. Individual R.F.E.s can range between $500- $1600 depending on the cases circumstances. Go to theForm I-129, Petition for a Nonimmigrant Worker web pagefor the current filing fee amount. 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. 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. Provide a table of contents for supporting documentation and separate the items as listed in the table. 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. 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. 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. 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. While not required information if the beneficiary is outside the United States, you may include the beneficiarys passport number on Form I-129. The H-1B program allows companies and other employers in the United States to temporarily employ foreign workers in occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelors degree or higher in the specific specialty, or its equivalent. Q8. A10. If your payment is declined, your H-1B registration will be invalidated. For example, Widget Inc. submits a registration for Aryan as a software engineer. 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? The submission, however, will only be valid once processing of the payment is completed. See the section below on, A copy of the beneficiarys final transcript; or. When paying by check, please be sure to enter the bank routing number and bank account number accurately. Also, nonprofit research organizations which mainly engage in basic or applied research, governmental . 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. 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 petitioning employers and USCIS. The prohibition on an employer or related entities filing multiple H-1B cap petitions for the same beneficiary has not changed. Rejected petitions will not retain a filing date. Additionally, the employer must indicate that they are not displacing U.S. applicants by hiring a foreign worker. issued a visa or otherwise be provided H-1B status to 65,000 with an additional 20,000 under the H-1B advanced degree exemption. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid. This check will compare the beneficiaries listed in the draft with any registrations previously submitted during this registration period. 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. Official websites use .gov This may include a copy of the signed, certified LCA. If there is a typo on the registration in comparison to the Form I-129, will USCIS reject the Form I-129 petition? For more information about the H-1B program, visit our H-1B Specialty Occupations webpage. You must submit evidence of the beneficiarys education credentials (with English translations when applicable) at the time you file your petition. It is a dual intent visa which means you can pursue legal permanent residency while under this status. You must file your petition with the correct service center, as indicated on your Registration Selection Notice. Will both the attorney and the client (prospective registrant) need to create a USCIS online account for the H-1B electronic registration process? This morning, the U.S. 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). Q33. The H-1B program allows companies and other employers in the United States to temporarily employ foreign workers in occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelor's degree or higher in the specific specialty, or its equivalent. If we selected your registration, you must indicate a start date ofOct. 1, 2023, or later (andsixmonths or less from the receipt date of the petition)on your petition. We do not send the client passcode directly to the registrant. 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. This check will compare the beneficiaries listed in the draft with any registrations previously submitted during this registration period. March 31: Date by which USCIS intends to notify selected registrants. March 1: H-1B registration period opens at noon Eastern. It is up to the representative and registrant to ensure that the registrant maintains access to submissions made for them and any updates related to those submissions. - The agency selected 110,791 beneficiaries to reach the H-1B quota of 85,000, for an overall selection rate of 14.6%. 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. This week was supposed to be my last week with my original employer and they have not reported my . The H1b visas are issued in limited numbers to control the net migration of skilled labor in the US market. What happens if a legal representative submits a registration but then stops representing the registrant? Yes. Q21. Completely operated by the higher learning institution. All petitioners must pay a base filing fee for each petition filed. 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). 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. The unique code generated when you create the Form G-28 remains on your homepage. If the worker transfers from a cap-exempt employer to a cap-subject employer, they will have to undergo the H1B lottery . 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. . If a registrant no longer wants their attorney involved, they can end the relationship with the representative, and the registrant will still be able to see all registration information in their own registrant account(s). Using this check does not guarantee that you will not submit a duplicate. USCIS intends to notify registrants and their representatives with selected registrations via their USCIS online accounts. 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. They will also need a separate email address for each account. $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. 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. Please read the filing instructions carefully. 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. If a registration is selected and the petition is filed during the 90-day period, but it is rejected, will a petitioner be eligible to refile if they are still within the 90-day window? 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. USCIS makes an error and you file a petition to correct the error. However, you can probably expect to receive a request for evidence, which could delay processing. You will not be able to switch to a different account type yourself once you make an initial selection. 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. Petitioners should enter their own address in Part 1, question 3 of the Form I-129. You can check USCIS processing times online. An official website of the U.S. Department of Homeland Security, An official website of the United States government, How USCIS Determines if an H-1B Petition Is Subject to the Cap, When to File an H-1B Cap-Subject Petition, How to Ensure You Properly File Your H-1B Cap-Subject Petition, Additional Documents Required with Your Petition, To protect your privacy, please do not include any personal information in your feedback. Registrants must provide the passport numbers or affirmatively indicate that the beneficiary does not have a passport number. No, it does not but the advantage is that it reduces processing time down to 15 days for a service fee of $2,500. 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. overall cost savings to petitioning employers and USCIS. The existing applicant account type will not work for H-1B electronic registration. Ensure that any information provided during the electronic registration process matches the information provided on the petition. 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. If you previously held H-1B status and are outside the US, you may be eligible to have an Employer file a Cap Exempt H-1B petition for the remainder of your allowed time up to 3 years. If the employer is also paying for benefits, they can not be counted towards the $60,000. Citizenship and Immigration Services (USCIS) conducts a lottery to award H-1B slots to enough foreign workers to meet its 85,000 visa annual cap. Report suspected immigration benefit fraud and abuse to USCIS through our online tip form. 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. The best person who can determine this is a qualified immigration lawyer. To learn more about a scenario like this or something similar, you can consult a qualified immigration attorney specializing in cap-exempt H-1B situations. Tier 2: $1,900 to be due if the USCIS selects the case in the lottery for filing. However, it is essential to note that the premium processing feature only expedites the speed at which the USCIS processes your I-129 petition. USCIS allots an additional 20,000 petitions to individuals holding advanced degrees at a masters level or beyond. For additional . It does not change. You can log into your account to check if the registrant has approved the Form G-28 and the H-1B registrations. Beginning in FY 2023, the attestation that is required before submission indicates, I further certify that this registration (or these registrations) reflects a legitimate job offer and that I, or the organization on whose behalf this registration (or these registrations) is being submitted, have not worked with, or agreed to work with, another registrant, petitioner, agent, or other individual or entity to submit a registration to unfairly increase chances of selection for the beneficiary or beneficiaries in this submission.. also known as the master's cap. What are the advantages to an employer in hiring an exempt H-1B? April 1: The earliest date that FY 2024 H-1B cap-subject petitions may be filed. It is your responsibility to submit valid payment. The DOL wage establishes and certifies the prevailing wage or the employers proposed wage, depending on which one is higher. This tier includes all form/support letter preparation plus case filing within the timeframe. Technically, two different employers submitted H-1B cap petitions, so the rule can be abused. The most significant benefit of the H-1B Portability rule is that it lets H-1B workers switch jobs without any risk of being out of status. Q19. 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. The regular H-1B visa cap dedicates 65,000 petitions to foreign workers with the required skills and qualifications. This includes 20,000 H1b visas for individuals holding a master's or higher degree. Only the U.S. employer can file on your behalf. Ensure that the Labor Condition Application (LCA) properly corresponds to the position in your petition.
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