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. You must file your petition with the correct service center, as indicated on your Registration Selection Notice. You would be able to delete the registration for the beneficiary that contained the error without affecting the rest of the batch submission. The company would need to have the individuals at each office create their own registrant account for which they are authorized to sign. It is your responsibility to submit valid payment. As the H-1B visa holder, you do not have to receive permission from the former employer, though you should follow non-compete laws or any other contractual agreements with the employer. 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. H-1B Frequently Asked Questions | Berkeley International Office A10. FY 2024 H-1B Initial Registration Period Updates After its submitted, youll need to wait to hear whether USCIS has approved it. Below is a chart detailing the H-1B fees including those for H-1B cap-exempt petitioners. The 15-days guaranteed processing period begins when USCIS receives Form I-907, Request for Premium Processing Service. USCIS Memo On H-1B Cap Exemption Under AC21 AC21 [codified at INA 214 (g) (5) (A)- (B)] exempts the following petitioners from the H-1B cap: Institutions of higher education Nonprofit entities related to or affiliated with an institution of higher education Nonprofit research organizations Governmental research organizations Premium processing is currently available for all H-1B petitions. Q32. Before you submit your registration(s), you can check if the registrant named in the draft submission previously submitted a registration for any of the beneficiaries included in that draft submission for the same fiscal year. 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. How do I reset the password for my USCIS account or get technical support? 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. Please see the Department of Labors Office of Foreign Labor Certification website for more information on the LCA process. This exemption category is available to US employers that fall into one of four categories including: Institutions of higher education; Q15. Within that period, USCIS will either approve, issue a denial notice, notice of intent to deny, or request for evidence for your case. All of the information contained in the registration submission is complete, true, and correct; the registration(s) reflect a legitimate job offer; and. This type of letter is usually required by USCIS to provide evidence of the employer/employee relation based on the rules in the January 8, 2010 Neufeld memo. The authorized signatory who signed the registration does not need to be the same authorized signatory who signs the Form I-129. He was in the U.S. on H-1B status from November 3, 2010, to December 5, 2016. You must have a higher degree in that field and must be working for a cap-subject employer or a cap-exempt employer. Congress set the current annual regular cap for the H-1B category at 65,000. An H-1B transfer allows individuals with H-1B visa status or previous H-1B visa status to transfer to a different employer. 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. The H-1B visa holder will have to file an H-1B petition to the USCIS via their new employer to work both jobs. Will USCIS invalidate registrations as duplicates if the same representative submits two registrations for the same beneficiary, but for two unrelated companies? If your registration is invalidated due to a failed payment after the registration period closes, you will not be able to submit a new registration. This will not affect petitions you may have with other unrelated employers. However, to authorize their representation, the attorney would need to file a Form G-28 with the Form I-129 H-1B petition. A17. For example, Widget Inc. submits a registration for Aryan as a software engineer. 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? USCIS Memo On H-1B Cap Exemption Under AC21 | NAFSA The new employer will enter you into the lottery based on the educational requirements of the position. My Case Scenario Jane Jane, a Venezuelan national, has degrees in Economics and Writing. After they select I am an H-1B registrant account type, registrants will not be able to add additional information until the initial registration period opens. If the employee works full-time, but for less than a year, they must get a prorated share of the $60,000. According to the U.S. Department of Labor (DOL). Will the system prevent the representative and the registrant from both entering the same beneficiary? The attorney would then be able to send the registrations to the relevant authorized official for that submission. Not all H-1B nonimmigrant visas (or status grants) are subject to this annual cap. A9. Yes, you will need to create a new account. This check will compare the beneficiaries listed in the draft with any registrations previously submitted during this registration period. A18. Your visa is simply a travel document. Your immigration status dictates how long you can remain in the U.S. 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. 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. Please see the video below for instructions about setting up an attorney or representative account. As you can see, the portability rule is quite complex. In listing previous periods of stay in H or L nonimmigrant classification (question 3), please also include the actual nonimmigrant classification held (such as H-1B or L-1). Institution of higher education Nonprofit research organizations or government research organization A non-profit organization associated/affiliated with a higher education institution 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.. This chart shows registration and selection numbers for fiscal years 2021-2024 (as of April 24, 2023). The H-1B visa transfer qualifications are as follows: While it varies in some cases, processing for an H-1B transfer typically takes four to eight months after submitting the application to USCIS. If USCIS selects your petition, you can begin working for the cap-subject employer simultaneously. the registrant, or the organization on whose behalf the registration(s) is being submitted, has 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. A22. Representatives who already have a representative account may use that account; they do not need to create a new account. There are many instances of people wishing to transfer across employer exemption lines. The submission, however, will only be valid once processing of the payment is completed. 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. Therefore Maria qualifies for the exemption even if Company X files the petition because she would be performing tasks that fall under the exemption rules and follow Company Ys mission. What happens if my payment initially clears, but then fails (for example, payment is made using an electronic check that my bank then returns)? 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. What happens to my old account? 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. Since no H-1B petition will be filed, we will have no paper file that we can use to match the notification with the registration. 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. 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. Submitted:The registration has been submitted and is eligible for selection. Looking for U.S. government information and services? It does not increase your chances of USCIS selecting you for the lottery, and it does not make you cap-exempt. As of the 2018Matter of the S- Inc memorandum, the USCIS prohibits related entities from filing multiple petitions for the same person for the same specialty occupation. H-1B cap-exempt jobs can hire foreign workers year-round, and those workers can start at any point. You can travel with it pending as long as there is a valid H-1B visa stamp and approved petition ready for your reentry. Ensure that the beneficiarys name is spelled properly and that their date of birth is displayed in the proper format (mm/dd/yyyy). 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). However, if you do the registration, USCIS will deny your petition. 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 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. Denied:Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. Only these two account types will work with the H-1B electronic registration process. 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). You can look up employers and find databases that match you to a suitable H-1B cap-exempt employer. The job itself has to require the degree and specialized skills you possess. A19. 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. Q22. For additional . You may not use an LCA for more workers than specified in Part B, Question 7 of the LCA. 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 . A request to withdraw the first petition filed for the H-1B cap. We do not refund the $10 fee for a removed registration. 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. A31. Only the U.S. employer can file on your behalf. As a safeguard, take the amendment receipt notice with you on your travels in case of any issues at reentry. 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. Submit all required documentation and evidence with the petition at the time of filing to ensure timely processing. Evidence of Beneficiarys Educational Background. As long as your I-94 is valid, then you can continue working in the U.S. for your H-1B sponsoring employee. 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 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. 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? 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. 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. If the worker transfers from a cap-exempt employer to a cap-subject employer, they will have to undergo the H1B lottery . 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. Ensure all signatures comply with the requirements described in the form instructions and as explained in the, Required fees may be paid by check, money order, or. The electronic registration process streamlines processing by reducing paperwork and dataexchange, and provides overall cost savings to employers seeking to file H-1B cap-subject petitions. AC21 Series: New Ways for Nonprofits to Claim Exemption. Not Selected:Not selected not eligible to file an H-1B cap petition based on this registration. While times may vary slightly, premium processing typically takes 15 days, and the service fee is $2,500. Ensure that you have entered the Beneficiary Confirmation Number on the H Classification Supplement (Page 13, Question 5). Does the client need to provide only one company contact for all their offices? A5. 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. We do not send the client passcode directly to the registrant. Once approved, you can start working for the employer at any point after you have a valid visa. If you are an attorney and already have an existing legal representative account, your account will work with the H-1B electronic registration process.