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). Ensure that any information provided during the electronic registration process matches the information provided on the petition. The Form G-28 client passcode does not work when the client tries to enter it. Q1. 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. No. Candidates Inside The U.S. A27. What happens if my payment initially clears, but then fails (for example, payment is made using an electronic check that my bank then returns)? 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. 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. 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? You will also be able to submit Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative. A33. 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. A nonprofit. 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. It does not change. FY 2024 H-1B Cap Registration ProcessUpdate. 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. In past years, the top H-1B visa occupations, according to myvisajobs.com, were software developers, computer analysts, operations research analysts, mechanical engineers, accountants and auditors, financial analysts and statisticians, and database administrators. Sample H-1B Visa End Client Letter. If you filed an H-1B cap petition in a timely manner, but received notification from the delivery service that suggests that there may be a delay or damage to the package or that the package was misrouted, you may file a second H-1B petition with a new fee payment during the designated 90-day filing window on your Registration Selection Notice and the following: If you do not include these items, you will be considered to have submitted duplicate petitions. If you do not know your account number, this will not affect your H-1B registration. Ensure that you have also entered the corresponding Beneficiary Confirmation Number on the H Classification Supplement (Page 13, Question 5). 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. 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. USCIS has added duplicate checker functionality to the electronic registration process. 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. If the beneficiary is seeking an extension of stay or change of status, the petition should include evidence (such as a Form I-94 or Form I-797 approval notice) to establish that the beneficiary will have maintained a valid nonimmigrant status through the employment start date being requested. Then the new job would not be subject to the H-1B cap. (This fee does not apply to Chile/Singapore H-1B1 petitions.). However, in some cases, you can file H-1B applications without going through the H-1B cap. 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. 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. An H-1B transfer allows individuals with H-1B visa status or previous H-1B visa status to transfer to a different employer. However, the H-1B visa has an annual cap of 65,000. 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. 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. For more information, please see the Unfairly Increasing Chances of Selection tab above. 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. year 2024 H-1B numerical allocations (H-1B cap), including the advanced degree exemption . They will need two separate accounts, one for each company. 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. 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. However, the prospective petitioner (registrant) at the registration stage must match the petitioner at the Form I-129 stage. Registrants working with a representative will review company information that their representatives enter. A15. If you qualify for multiple specialty occupations within the same employer, the USCIS might allow for multiple registrations. Q7. It will not check for duplicates within that draft or between drafts. 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. Your registration data will be available in your account for 30 days from the date you last worked on your registrations. What is the earliest date I can start drafting registrations? A25. To help with that, we also offer a tool to download a .csv file and search for duplicate entries. 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. Q21. (Note: USCIS encourages petitioners to keep Department of Labor LCA processing times in mind when preparing the H-1B petition and to plan accordingly.) As such, when it comes to H1B nonimmigrant visas, unless an employer is H1B cap exempt . 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 there is a typo on the registration in comparison to the Form I-129, will USCIS reject the Form I-129 petition? After its submitted, youll need to wait to hear whether USCIS has approved it. 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. If any information does not match, you should provide a written explanation and supporting documentation as to why there was a change or why the information does not match. **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. A13. However, we added duplicate checker functionality to the electronic registration process. 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. The petitioner must sign the form, preferably in black ink. For example, if you are required to pay the base filing fee, the fraud fee, and the ACWIA fee, you should submit three separate checks. What happens to my old account? If the employer is also paying for benefits, they can not be counted towards the $60,000. 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. Please choose the correct account typeH-1B Registrant or Legal Representative, as applicablewhen you create your account. 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. 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. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Your visa is simply a travel document. The criteria are rigorous, and it is crucial to understand every caveat of the regulations in order to find you are eligible. Additional information is available on our How Do I Request Premium Processing? The prohibition on an employer or related entities filing multiple H-1B cap petitions for the same beneficiary has not changed. While times may vary slightly, premium processing typically takes 15 days, and the service fee is $2,500. 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). 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. 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). Or will the registrant use the same code that was generated at the initial creation of the Form G-28 each time they log in to review or edit it? Q30. We will remove all registrations submitted for the beneficiary by, or on behalf of, that prospective petitioner from the selection process. 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. 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. We will reject all petitions submitted with the incorrect filing fee. 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. After the legal representative submits a registration, will the registrant be notified via email or by logging into their account? 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. . The submission, however, will only be valid once processing of the payment is completed. March 1: H-1B registration period opens at noon Eastern. Should they choose premium processing, then they would pay the base fee of $460, the fraud fee of $500, Public Law fee of $4,000 (only applies to companies with over 50 employees and with over 1/2 of their workers on the H-1B visa), the training fee ($1,500 if it applies) and of course the $2,500 premium processing fee plus any additional attorney fees incurred. H-1B1 The H-1B1 visa is an option available to nationals of Chile and Singapore. May 3, 2007; The employee musts not have violation any of your visa statuses or guided any unlawful act in the U.S. Q10. . Note: It is your responsibility to ensure that Form I-129 is completed accurately and submitted properly. Our system will not separately notify the registrant. A11. If this two-year home country requirement doesnt apply to your situation, you could be eligible for H-1B status. It will not check for duplicates within that draft or between drafts. Holdings, also submits a registration for Aryan for the same position. 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? A32. Suppose an audit determines that you have a petition for two employers that are parents, subsidiaries, or affiliates of one another. Not all H-1B nonimmigrant visas (or status grants) are subject to this annual cap. AC21 Series: New Ways for Nonprofits to Claim Exemption. The U.S. Department of Treasury has approved a temporary increase in the daily credit card transaction limit from $24,999.99 to $39,999.99 per day for the FY 2024 H-1B cap season. This exemption category is available to US employers that fall into one of four categories including: Institutions of higher education; In that case, USCIS will revoke all of your petitions from the related employers. 1. If you have incurred a gap in employment (ceased employment with an H-1B employer before transfer), it is advised to file premium processing. (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. 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. If you do not, we will reject or deny your petition. According to the U.S. Department of Labor (DOL). . There is a minimum salary your employer must pay you as an H-1B worker. 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. 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. 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 existing applicant account type will not work for H-1B electronic registration. 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). If you create a new Form G-28, the system will generate a new passcode for the new Form G-28. In addition, the IRS should approve the non-profit as a tax-exempt organization for research or educational services by the I.R.S. In contrast, standard processing can take anywhere from three to four months. Once you identify an employer, you can expedite the process by opting for premium processing. Q23. What start date should petitioners with a selected registration indicate on their Form I-129? The checking account information (routing and account number) must be from a financial institution located in the United States; or. The best person who can determine this is a qualified immigration lawyer. Q12. 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). Will the system prevent the representative and the registrant from both entering the same beneficiary? A2. Also, review the country of birth and citizenship and the I-94 number (if applicable) for accuracy. A4. 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. This includes 20,000 H1b visas for individuals holding a master's or higher degree. A non-profit organization or entity is tax-exempt and either of the following under the IRS: section 501(c)(3), (c)(4), or (c)(6) (see 26 U.S.C. This tier includes all form/support letter preparation plus case filing within the timeframe. Click here if you want to learn more about H-1B cap exempt employers. The cost for premium processing is $2,500. You will not be able to switch to a different account type yourself once you make an initial selection. Unlike the regular and advanced degree categories, the H-1B cap exempt category does not have a set quota or annual limit. 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. 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 the employee works full-time, but for less than a year, they must get a prorated share of the $60,000. All supporting documentation to establish eligibility. 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. For regular H-1B candidates, they have to spend most of February and March registering for the lottery, waiting to hear if theyre selected, filing petitions if they are chosen, and, if approved, cant work until October 1. 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. A .gov website belongs to an official government organization in the United States. Alternatively, there are a few instances where the registrant or legal representative account may be deleted. 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. 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. Do I need to use a new email address to set up the H-1B registrant account? 2) You have not used your 6 years of H-1B status. Maria will be responsible for onsite tasks at a universitys medical research facility (Company Y), as part of a joint agreement between Company X and Y. If you properly submitted other registrations for different beneficiaries, these valid registrations would remain in the system for the selection process. USCIS intends to notify registrants and their representatives with selected registrations via their USCIS online accounts. 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. Registrants submitting their own registrations will enter their company information as part of their first H-1B registration. 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. USCIS allots an additional 20,000 petitions to individuals holding advanced degrees at a masters level or beyond. I am writing to confirm that ABC Solutions Inc. employee Mr. Rajesh Singh will be performing Software Engineering duties on a project for Acme Inc. as . Associate with a government organization or institution of higher education, it must: Be a non-profit entity. As a legal representative, how will I know that the registrant has gone into the system and approved my Form G-28 and the H-1B registrations? Applicant/petitioner/requestor account Individuals use this type of account to prepare and file applications, petitions, or other benefit requests. . 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. Selected:Selected to file an H-1B cap petition. Moreover, according to USCIS, the ACWIA fee is also not required when: 2023 VisaNation, Inc. All Rights Reserved. Cap-exempt employers do not need to pay this fee. Q27. Those are petitions filed on behalf of cap-exempt candidates and those filed by cap-exempt employers. 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. According to the U.S. Department of Labor (DOL), The portability provision is intended to preserve the legal status of an H-1B nonimmigrant who is already in the U.S.. Portability allows the employed H-1B worker to enter into employment with a new employer provided that: If you already have a cap-exempt job and want to transfer to a different job that also is cap-exempt, then you can file an H-1B transfer at any point and begin the new position after the H-1B transfer filing has been submitted to USCIS. 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. In this article, we take a look at the candidates who are exempt from the H-1B cap. The employee cannot do so on his/her welfare. Additionally, the employer must indicate that they are not displacing U.S. applicants by hiring a foreign worker. 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.
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