A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Q23. 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. A16. However, Widget Inc.s parent company, A.B.C. These employers are able to submit an H-1B application to the USCIS at any time during the year without concern for the fiscal year limit. Citizenship and Immigration Services (USCIS) released data relating to the FY24 H1B registration lottery in an eMail to stakeholders and on its H1B Electronic Registration Process website.While the USCIS announced on March 27, 2023, that enough initial registrations were submitted to the fiscal year 2024 (FY24) H1B cap, including the advanced degree exemption (master's . USCIS saw upward trends in the FY 2022 and FY 2023 H-1B registration periods as well. You can visit the H-1B Electronic Registration Process page to read instructions, view videos, and download step-by-step presentations about the different account types and how to set up an account. It is your responsibility to submit valid payment. However, we will consider registrations as duplicates if the registrations are for the same prospective petitioners and the same prospective beneficiaries. Include a copy of the beneficiarys valid passport. H-1B Electronic Registration Process | USCIS H1B Cap Exempt Employers: How Do You Find Out If You Qualify? - LinkedIn If USCIS selects your petition, you can begin working for the cap-subject employer simultaneously. Q22. You must have a higher degree in that field and must be working for a cap-subject employer or a cap-exempt employer. 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. 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? Registrants or their representative are required to pay the $10 non-refundable H-1B registration fee for each beneficiary before being eligible to submit a registration for that beneficiary for the H-1B cap. Do I need to use a new email address to set up the H-1B registrant account? When paying by check, please be sure to enter the bank routing number and bank account number accurately. 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. 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? If they request you send additional documents and evidence, a new 15 calendar period will begin when they respond to the R.F.E. 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. A12. If this two-year home country requirement doesnt apply to your situation, you could be eligible for H-1B status. You must file the petition with the correct USCIS service center. The initial registration period for FY 2024 will open at noon Eastern on March 1 and run through noon Eastern on March 17. - The agency selected 110,791 beneficiaries to reach the H-1B quota of 85,000, for an overall selection rate of 14.6%. To determine the correct mailing address for the service center named on your Registration Selection Notice, see our Direct Filing Addresses for Form I-129, Petition for a Nonimmigrant Worker page. Connected or affiliated with an institution of higher learning via shared ownership or control by the same board. The attorney can designate multiple authorized officials in a client company. If you create a new Form G-28, the system will generate a new passcode for the new Form G-28. Q6. Invalidated-Failed Payment:A registration was submitted but the payment method was declined, not reconciled, disputed, or otherwise invalid. H1B Transfer 2023: Everything You Need to Know Our system will not separately notify you that the registrant has approved the Form G-28 and H-1B registrations. No. Like the H1B visa transfer procedure, you can be eligible for work as soon as all fees are paid and the USCIS receives . Process transactions using a checking account. You can sign-in to your account at any time before the initial registration period closes at noon Eastern on March 17, 2023, to try the payment and registration submission again. H-1B Cap Exempt: Rules, Employers, and Process 2023-24 - VisaNation 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). 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. When the legal representative submits the Form G-28, the system generates the registrant passcode. 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. Institution of higher education Nonprofit research organizations or government research organization A non-profit organization associated/affiliated with a higher education institution They will need two separate accounts, one for each company. Although the entire H-1B lottery process is very complicated, some petitioners are able to bypass it if they fall within the exemption. Tier 3: $500$1,500 will be the cost of a Request For Evidence (R.F.E.) What is the earliest date I can start drafting registrations? 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. In addition, we recommend that attorneys and authorized individuals who work for the same company communicate among themselves to eliminate duplicates before submitting their registrations. 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. 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? Ensure that any information provided during the electronic registration process matches the information provided on the petition. 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 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. We would invalidate only the duplicate registrations. This will ensure that the I-797 receipt and approval notices are sent to the petitioner. If you have paper-filed cases that are eligible to be added to your online account, your USCIS notices for those cases should include your online account number. The criteria are rigorous, and it is crucial to understand every caveat of the regulations in order to find you are eligible. When filling out the Form G-28, the representative must enter the same email address the registrant used when creating their USCIS account. If there is a typo on the registration in comparison to the Form I-129, will USCIS reject the Form I-129 petition? 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. 1. 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. One of the significant restrictions to registering someone for an H-1B visa is that one employer cannot file various registrations on your behalf for the same job. Then the new job would not be subject to the H-1B cap. Using this check does not guarantee that you will not submit a duplicate. 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. What happens to my old account? USCIS intends to notify registrants and their representatives with selected registrations via their USCIS online accounts. H1B cap-exempt employers include institutions of higher education or related or affiliated nonprofit entities, nonprofit research organizations, and governmental research organizations. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted. Once the initial registration period has closed, if the prospective petitioner has more than one registration submitted for the same beneficiary, we will invalidate all registrations submitted for that beneficiary by that prospective petitioner, or their authorized attorney or representative, from the selection process. A2. H-1B visa is a non-immigrant visa that permits a US company to hire workers in specialty occupations . It is a dual intent visa which means you can pursue legal permanent residency while under this status. Both representatives and registrants must wait until March 1 to create and submit H-1B registrations. Go to theForm I-129, Petition for a Nonimmigrant Worker web pagefor the current filing fee amount. 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. 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. Selections take place after the initial registration period closes, so there is no requirement to register on the day the initial registration period opens. 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. 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. Q7. To that end, USCIS also provides a tool to download a .csv file and search for duplicate entries. You may file an H-1B petition no more than six months before the employment start date requested for the beneficiary. Technically, two different employers submitted H-1B cap petitions, so the rule can be abused. While not required information if the beneficiary is outside the United States, you may include the beneficiarys passport number on Form I-129. We use the information provided during the electronic registration process to help us determine if a petition is subject to the congressionally mandated cap of 65,000 H-1B visas (commonly known as the regular cap) or the advanced degree exemption. There are 1400 visas available annually for Chileans and 5400 for Singaporeans. 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 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. USCIS Releases FY24 H-1B Initial Registration Data In addition, the IRS should approve the non-profit as a tax-exempt organization for research or educational services by the I.R.S. You must submit all registrations and payments successfully before noon Eastern, March 17, 2023, for consideration in the initial registration period selection process. A .gov website belongs to an official government organization in the United States. Theres a distinction between your visa stamp and your immigration status in the U.S. 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. Evidence of Beneficiarys Educational Background. Denied:Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. Ensure that the Labor Condition Application (LCA) properly corresponds to the position in your petition. Candidates Inside The U.S. The cost for premium processing is $2,500. 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. Not Selected:Not selected not eligible to file an H-1B cap petition based on this registration. 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. Each year in March, U.S. Q11. A21. 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. However, this has given rise to the practice of having related companies or business entities submit individual registrations on behalf of the same employee for the same job. 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. A10. USCIS may deny or revoke a petition based on a registration that contained a false attestation and was therefore not properly submitted. Please see the Department of Labors Office of Foreign Labor Certification website for more information on the LCA process. 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? H1B Cap Exempt Employers: Find Out If You Qualify? - VisaPro If your payment fails, we will attempt to notify you, but the burden will be on you to determine the status of your required payment. Just because you hold a bachelors degree does not guarantee that youre eligible for H-1B status. 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. We will reject all petitions submitted with the incorrect filing fee. As you can see, the portability rule is quite complex. The authorized signatory who signed the registration does not need to be the same authorized signatory who signs the Form I-129. You can find the H Classification Supplement beginning on page 13 of Form I-129. USCIS FY24 H1B CAP update ()| Everything You Need to Know About H1B cap exempt In order to satisfy the requirements of this temporary, nonimmigrant visa, the job must require at least a specific bachelor's (four-year) degree, and the worker must have a relevant U.S. bachelor's degree, foreign degree, or equivalent education and/or experience. While the status of the registration in the system will indicate submitted following completion of the Pay.gov payment process, the submission will only be valid once your payment clears. See the section below on, A copy of the beneficiarys final transcript; or. Yes. 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. We suggest that the employer keep documentation of the reason for not filing, so that the employer would be able to show us the documentation if we have questions. Only these two account types will work with the H-1B electronic registration process. 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. It does not increase your chances of USCIS selecting you for the lottery, and it does not make you cap-exempt. What happens if the prospective employer with a selected registration puts an address on their registration but moves before they file their I-129 petition, such that the addresses on their registration and Form I-129 dont match? 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 request to withdraw the first petition filed for the H-1B cap. Historically, employers filed their full, and often voluminous, H-1B cap-subject petitions . I am a legal representative submitting the H-1B registration online, and the Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, asks if I have an online account and what my account number is. Employment with a cap-exempt employer may provide an alternative option to those foreign nationals not selected in the H1B lottery. Cap-subject H-1B employers must pay the ACWIA education and training fee. Q17. Q3. This is because you will no longer be a cap-exempt candidate and have not been counted against the H-1B cap. 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. 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). Cap-Exempt H-1B Employment Clarified by DHS - The National Law Review Official websites use .gov 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. 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? You can click No to this question and move on to the next question. If information on the registration and petition does not match, USCIS may reject or deny the petition. 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. 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. H-1B Cap-Exempt Non-Profit Organization Requirements. A decent rule of thumb is if their website doesn't end with an .edu or .org, it's very likely they are not cap-exempt. It will not check for duplicates within that draft or between drafts. What happens to my registration submission if the payment fails to initially go through? Representatives who already have a representative account may use that account; they do not need to create a new account. A nonprofit research organization is an organization that is primarily engaged in basic research and/or applied research. 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. Review our. 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. On the right-hand side, when searching through the database, you can select cap-exempt. You can also filter industry code (NAICS), work city, visa rank, and job titles. 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. A24. *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. 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. As such, when it comes to H1B nonimmigrant visas, unless an employer is H1B cap exempt . All petitioners must pay a base filing fee for each petition filed. How to Find a Cap-Exempt H-1B Job | Nolo AC21 Series: New Ways for Nonprofits to Claim Exemption from - SHRM Below is a chart detailing the H-1B fees including those for H-1B cap-exempt petitioners. April 1: The earliest date that FY 2024 H-1B cap-subject petitions may be filed. An H1B worker who is working in the U.S. for a cap-exempt employer and has not previously been chosen in the H1B Cap can concurrently work for a cap-subject employer. 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? The attorney would then be able to send the registrations to the relevant authorized official for that submission. A9. Tier 2: $1,900 to be due if the USCIS selects the case in the lottery for filing. The recall feature is not available if the client has attempted to link the account.
h1b cap exempt employers uscis
