Looking for U.S. government information and services? 501(c)(3), (c)(4), or (c)(6)). A request to withdraw the first petition filed for the H-1B cap. An official website of the U.S. Department of Homeland Security, An official website of the United States government, H-1B Electronic Registration Frequently Asked Questions, To protect your privacy, please do not include any personal information in your feedback. Q32. 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 agency selected 110,791 beneficiaries to reach the H-1B quota of 85,000, for an overall selection rate of 14.6%. 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. 23, 2018). A28. A9. 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). 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? 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. Unlike registrants, representatives enter information about their law firm or organization as part of setting up an account. Completely operated by the higher learning institution. Not Selected:Not selected not eligible to file an H-1B cap petition based on this registration. A32. The company would need to have the individuals at each office create their own registrant account for which they are authorized to sign. 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. 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. 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. If a petitioner has confirmation from the delivery service that the petition was delivered, but they have not yet received a Form I-797 confirming receipt of the petition, the petitioner should not submit a second petition. A registrant will not be able to appeal our finding that the registrations are duplicates. After the legal representative submits a registration, will the registrant be notified via email or by logging into their account? 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. Your visa is simply a travel document. Currently, up to 65,000 visas are issued annually for foreign workers possessing at least a US bachelor's degree or its equivalent. You do not need to create a new legal representative account unless you do not have one. Q19. A1. Only these two account types will work with the H-1B electronic registration process. The existing applicant account type will not work for H-1B electronic registration. If the employer is also paying for benefits, they can not be counted towards the $60,000. The criteria are rigorous, and it is crucial to understand every caveat of the regulations in order to find you are eligible. Although the entire H-1B lottery process is very complicated, some petitioners are able to bypass it if they fall within the exemption. Rejected petitions will not retain a filing date. If you create a new Form G-28, the system will generate a new passcode for the new Form G-28. USCIS makes an error and you file a petition to correct the error. Ensure that you have also entered the corresponding Beneficiary Confirmation Number on the H Classification Supplement (Page 13, Question 5). Petitioners may not file multiple or duplicative H-1B petitions for the same beneficiary. The H-1B program is an essential part of our nations immigration system and our economy, and USCIS is committed to implementing the law and helping meet the ever-changing needs of the U.S. labor market. As long as your I-94 is valid, then you can continue working in the U.S. for your H-1B sponsoring employee. However, the registrant will not be able to add a new attorney or representative to H-1B registrations prepared or submitted by the previous attorney. 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. 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. No. Note: It is your responsibility to ensure that Form I-129 is completed accurately and submitted properly. 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. So, if they transfer from a cap-exempt to a cap-subject employer, they must enter the H1B cap lottery that the USCIS carries out if it receives more than 65,000 petitions for an H1B cap visa within the first five days. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. H1B cap-exempt employers include institutions of higher education or related or affiliated nonprofit entities, nonprofit research organizations, and governmental research organizations. 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. Company X files the petition and submits proof that she will perform tasks similar to those an employee of the medical research facility would be in accordance with their mission. year 2024 H-1B numerical allocations (H-1B cap), including the advanced degree exemption . Individual R.F.E.s can range between $500- $1600 depending on the cases circumstances. USCIS intends to notify registrants and their representatives with selected registrations via their USCIS online accounts. This blog post will summarize the procedure. The checking account information (routing and account number) must be from a financial institution located in the United States; or. Q26. 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. 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). 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. Note that the lottery stages are tiered, and USCIS will select not all companies to file a complete H-1B petition. Must start employment within 30 days on the date indicated on the H-1B Transfer petition submitted to USCIS. Attorney/representative account If you are an attorney or accredited representative (legal representative) submitting H-1B registrations on behalf of a prospective petitioner, select this option. A6. Will I be able to change it to the correct account type later? 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. Representatives can create an account at any time by using the same kind of account already available to representatives. 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? You may not use an LCA for more workers than specified in Part B, Question 7 of the LCA. The H-1B cap-exempt processing time varies from case to case but is on average six months. If the payment is later declined, rejected, disputed, or canceled after submission, the registration will be invalidated. Submit all required documentation and evidence with the petition at the time of filing to ensure timely processing. There are three types of USCIS online accounts: A prospective petitioner may only have one registration submitted per beneficiary per fiscal year. 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. If there is a typo on the registration in comparison to the Form I-129, will USCIS reject the Form I-129 petition? Q22. Review our. What is the earliest date I can start drafting registrations? . There is an error message that indicates an email mismatch or invalid passcode. Q6. Is there an appeal process for registrations that USCIS finds are invalid duplicates? Within that period, USCIS will either approve, issue a denial notice, notice of intent to deny, or request for evidence for your case. Will the system allow for multiple staff members to log into my account at the same time? I work for one of the latter on a cap-exempt h1b. Since cap-exempt visa applications can be filed at any point during the calendar year, you dont need to abide by specific application windows (no filing deadline or limit to petitions accepted). Q33. different types of green cards in the U.S. Registrations that we find are duplicates will be invalid. You can look up employers and find databases that match you to a suitable H-1B cap-exempt employer. If a petitioner has confirmation from the delivery service that the petition was delivered, and they submit a second petition, the petitioner will be considered to have submitted duplicate petitions. According to Section 101 (a) of the Higher Education Act, an institution of higher education must: USCIS defines a non-profit research organization as one that is primarily engaged in basic or applied research. The most common not-for-profit institutions are colleges and universities affiliated with medical labs, research units, and hospitals. They will also need a separate email address for each account. 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. A33. 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. 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. By law, an H-1B holders spouse and dependents, children under 21 years old, can apply for H-4 status. Upon reviewing my documents this new company said they cannot transfer my H1B because they are non cap exempt. A19. In addition, the IRS should approve the non-profit as a tax-exempt organization for research or educational services by the I.R.S. 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. This temporary increase is in response to stakeholder feedback and the volume of previous H-1B registrations that exceeded the daily credit card limit. According to the DOL, the H-1B cap-exempt minimum wage is at least $60,000 in the calendar year. Would he be able to file for a new H-1B cap-exempt petition? Where Can I Find H-1B Cap-Exempt Employers? Q7. Click here if you want to learn more about H-1B cap exempt employers. Additional information is available on our How Do I Request Premium Processing? You must also provide pay stubs as evidence of employment; however, it is possible to submit other documentation, i.e., a letter from the H-1B employer or a leave of absence letter. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. 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. For more information about the H-1B program, visit our H-1B Specialty Occupations webpage. Only those with selected registrations are eligible to file H-1B cap-subject petitions. In this article, we take a look at the candidates who are exempt from the H-1B cap. 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 . A17. One of the most popular options is to apply for positions at companies that are exempt from this year's cap. A petitioner files its second or subsequent request for an extension of stay with the same employer; A petitioner files an amended petition that doesnt contain any requests to extend the validity of the petition; or. A .gov website belongs to an official government organization in the United States. The following employers can sponsor an H1b visa without being subject to the annual cap. FY 2024 H-1B Cap Registration ProcessUpdate. Q25. What are the advantages to an employer in hiring an exempt H-1B? 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. The United States Citizenship and Immigration Services (USCIS) issues 85,000 h1b visas every year. Feb. 21: Petitioners and registrants can begin creating H-1B registrant accounts at noon Eastern. USCIS may deny or revoke a petition based on a registration that contained a false attestation and was therefore not properly submitted. Institution of higher education Nonprofit research organizations or government research organization A non-profit organization associated/affiliated with a higher education institution 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. A14. As such, when it comes to H1B nonimmigrant visas, unless an employer is H1B cap exempt . If you do not know your account number, this will not affect your H-1B registration. 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. Q10. If the LCA was previously submitted in a petition that has been approved, you must submit a list including the name and USCIS case receipt number of any foreign worker who has previously used the LCA. For a higher education institution to qualify, it must meet the USCIS-mandated criteria. The H1b visas are issued in limited numbers to control the net migration of skilled labor in the US market. The status of registrations that are not selected as part of any initial random selection process, and not denied or invalidated, will remain as Submitted. Registrants and representatives that are not selected will not be notified until after USCIS has determined that they have reached the H-1B cap for that fiscal year. When filing your H-1B petition with USCIS, you must include evidence that an LCA (ETA 9035) has been certified by the U.S. Department of Labor.