Official websites use .gov For the H-1B visa holder to change employers, the new employer must submit an H-1B Visa Transfer petition with the USCIS. For a higher education institution to qualify, it must meet the USCIS-mandated criteria. As previously announced, on March 27, 2023, USCIS received enough electronic registrations during the initial registration period to reach the FY 2024 H-1B numerical allocations (H-1B cap), including the advanced degree exemption also known as the masters cap. In addition, the IRS should approve the non-profit as a tax-exempt organization for research or educational services by the I.R.S. Will I be able to change it to the correct account type later? Whats more, an employer can employ a foreign worker sooner than they usually would. 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. 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. If the employee works full-time, but for less than a year, they must get a prorated share of the $60,000. What happens if my payment initially clears, but then fails (for example, payment is made using an electronic check that my bank then returns)? Provide a table of contents for supporting documentation and separate the items as listed in the table. 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. Do I need to use a new email address to set up the H-1B registrant account? 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. You may also use ouronline form,but you will get faster service by calling. Please be sure to complete all sections of the form accurately. It will not check for duplicates within that draft or between drafts. 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. However, a person who works for an H-1B cap-exempt employer who changes jobs to an employer that is not exempt may become subject to the H-1B cap. 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. Q5. Invalidated-Failed Payment:A registration was submitted but the payment method was declined, not reconciled, disputed, or otherwise invalid. This check will compare the beneficiaries listed in the draft with any registrations previously submitted during this registration period. A request to withdraw the first petition filed for the H-1B cap. If you properly submitted other registrations for different beneficiaries, these valid registrations would remain in the system for the selection process. A10. overall cost savings to petitioning employers and USCIS. 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. form. Feb. 21: Petitioners and registrants can begin creating H-1B registrant accounts at noon Eastern. 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. . A27. An employer may file a cap-exempt H-1B petition for an employee if they previously held H-1B status in the U.S. and havent used their six years of status. USCIS plans to resume premium processing of other H-1B petitions as workloads permit. - 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. Within that period, USCIS will either approve, issue a denial notice, notice of intent to deny, or request for evidence for your case. When filling out the Form G-28, the representative must enter the same email address the registrant used when creating their USCIS account. We will reject H-1B petitions requesting a start date of As Soon As Possible or ASAP.. What happens if a legal representative submits a registration but then stops representing the registrant? Then the new job would not be subject to the H-1B cap. The best person who can determine this is a qualified immigration lawyer. Do not file petitions earlier than six months before the requested employment start date. A5. 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. You must submit all registrations and payments successfully before noon Eastern, March 17, 2023, for consideration in the initial registration period selection process. 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? Candidates Inside The U.S. USCIS may deny or revoke a petition based on a registration that contained a false attestation and was therefore not properly submitted. Tier 2: $1,900 to be due if the USCIS selects the case in the lottery for filing. 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. A nonprofit. Ensure that you have also entered the corresponding Beneficiary Confirmation Number on the H Classification Supplement (Page 13, Question 5). According to the U.S. Department of Labor (DOL). This is because you will no longer be a cap-exempt candidate and have not been counted against the H-1B cap. See below the attorney fees charged by VisaNation Law Group: Tier 1: $550 for the initial registration process, which includes all preliminary case analyses required to file the case. 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. Cap-exempt employers do not need to pay this fee. For example, if they resign after working only three months, they will still be due compensation of at least $15,000 for their work. 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. Additionally, the employer must indicate that they are not displacing U.S. applicants by hiring a foreign worker. USCIS has added duplicate checker functionality to the electronic registration process. Include a copy of the beneficiarys valid passport. Registrations can be submitted and paid for until the registration period closes at noon Eastern on March 17, 2023. Report suspected immigration benefit fraud and abuse to USCIS through our online tip form. 23, 2018). The Form G-28 client passcode does not work when the client tries to enter it. If they request you send additional documents and evidence, a new 15 calendar period will begin when they respond to the R.F.E. If you discover that you or your representative submitted more than one registration for the same person and the initial registration period has closed (after noon Eastern on March 17, 2023), there is no way to correct this error. All of the information contained in the registration submission is complete, true, and correct; the registration(s) reflect a legitimate job offer; and. Applicant/petitioner/requestor account Individuals use this type of account to prepare and file applications, petitions, or other benefit requests. Registrations that we find are duplicates will be invalid. If the employer is also paying for benefits, they can not be counted towards the $60,000. A4. Yes, they may. However, if you do the registration, USCIS will deny your petition. If USCIS selects your petition, you can begin working for the cap-subject employer simultaneously. A15. Note: It is your responsibility to ensure that Form I-129 is completed accurately and submitted properly. If USCIS approves your amendment while youre traveling, your employer can forward it to you to use at the port of entry. Q31. We will remove all registrations submitted for the beneficiary by, or on behalf of, that prospective petitioner from the selection process. 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. To help with that, we also offer a tool to download a .csv file and search for duplicate entries. 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. Note that the lottery stages are tiered, and USCIS will select not all companies to file a complete H-1B 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. Will the system prevent the representative and the registrant from both entering the same beneficiary? H-1B specialty occupations may include fields such as architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts. 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. As you can see, the portability rule is quite complex. Form G-28, Notice of Entry of Appearance as Attorney or Representative. 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. Institution of higher education Nonprofit research organizations or government research organization A non-profit organization associated/affiliated with a higher education institution If we select a registration under the advanced degree exemption (under INA 214(g)(5)(C)) because the beneficiary has earned, or will earn prior to the filing of the petition, a masters or higher degree from a U.S. institution of higher education, the beneficiary must be eligible for the advanced degree exemption at the time of filing Form I-129, Petition for a Nonimmigrant Worker. If information between the registration and petition does not match, the petition may be rejected or denied. How should a registrant with a selected registration notify USCIS if they do not intend to file a petition? 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. However, to authorize their representation, the attorney would need to file a Form G-28 with the Form I-129 H-1B petition. If you need other technical support, please call the USCIS Contact Center at 800-375-5283. 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. It is your responsibility to submit valid payment. The attorney can designate multiple authorized officials in a client company. 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. $10 for each registration. In order to submit an H-1B registration, you must first create a USCIS online account. One of the most popular options is to apply for positions at companies that are exempt from this year's cap. 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. The employer also enters this wage on the L.C.A. . A20. Review our. The new employer has filed a non-frivolous Petition for a Nonimmigrant Worker (Forms I-129/ I-129W) for the employment of the H-1B worker before the date of expiration of the workers authorized period of stay; and, The new employer has submitted, along with its petition, an unexpired, approved Labor Condition application (LCA) covering the same work that the individual is being hired to perform. Measures to Combat Fraud in the Registration Process. 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 . Technically, two different employers submitted H-1B cap petitions, so the rule can be abused. If the worker transfers from a cap-exempt employer to a cap-subject employer, they will have to undergo the H1B lottery . The unique code generated when you create the Form G-28 remains on your homepage. 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. 2) You have not used your 6 years of H-1B status. And H1B visa holder's new employer will have to subscribe an H1B student transfer petition at that USCIS. Review our. A25. Q1. 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. April 1: The earliest date that FY 2024 H-1B cap-subject petitions may be filed. Ensure that the Labor Condition Application (LCA) properly corresponds to the position in your petition. If you are interested in a cap-exempt transfer and have a gap in employment we recommend taking advantage of the premium processing service. However, Widget Inc.s parent company, A.B.C. 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. 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. Additional information is available on our How Do I Request Premium Processing? However I got an offer from a non cap exempt H1B company and have resigned from my previous job and began the on boarding process. Moreover, according to USCIS, the ACWIA fee is also not required when: 2023 VisaNation, Inc. All Rights Reserved. Q16. Generally, we saw an increase in the number of registrations submitted, the number of registrations submitted on behalf of beneficiaries with multiple registrations, and the number of registrations submitted on behalf of unique beneficiaries with only one registration. Q27. If your payment is declined, your H-1B registration will be invalidated. Claiming cap exemption status is an effective way for employers to attempt to avoid the H-1B cap. 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. However, if you decide you want to change employers after getting. The initial registration period for FY 2024 will open at noon Eastern on March 1 and run through noon Eastern on March 17. They will need two separate accounts, one for each company. 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. Unused visas in this group become available for H-1B use for the next fiscal years regular H-1B cap. During the registration period for the FY 2024 H-1B cap, USCIS saw a significant increase in the number . However, the H-1B visa has an annual cap of 65,000. Your visa is simply a travel document. You can find the H Classification Supplement beginning on page 13 of Form I-129. Suppose an audit determines that you have a petition for two employers that are parents, subsidiaries, or affiliates of one another. In order to qualify you must be able to show that: 1) You were in H-1B status in the US within the past 6 years. The regulation confirms that a cap-subject employer seeking to take advantage of the H-1B quota exemption must demonstrate to USCIS that the H-1B beneficiary is employed in valid H-1B. 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. Share sensitive information only on official, secure websites. A helpful site is MyVisaJobs with their H-1B Visa Sponsor Database. 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. 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. Another example is Siddhartha, an energy. Q32. year 2024 H-1B numerical allocations (H-1B cap), including the advanced degree exemption . We remind the public that at the time each registration is submitted, each prospective petitioner is required to sign an attestation, under penalty of perjury, that: If USCIS finds that this attestation was not true and correct, USCIS will find the registration to not be properly submitted and the prospective petitioner would not be eligible to file a petition based on that registration. 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. If the visa found in your passport expires, that doesnt necessarily mean you have to leave the country right away because your legal status depends on the I-94 expiration date. After youve received a job offer and demonstrated that its related to your educational proficiencies/degree, the employer needs to submit the H-1B cap-exempt petition on your behalf. A32. We remain committed to deterring and preventing abuse of the registration process, and to ensuring only those who follow the law are eligible to file an H-1B cap petition. 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. Unlike registrants, representatives enter information about their law firm or organization as part of setting up an account. If you have incurred a gap in employment (ceased employment with an H-1B employer before transfer), it is advised to file premium processing. Please see the Department of Labors Office of Foreign Labor Certification website for more information on the LCA process. 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. Make sure you are filing a valid edition of Form I-129, as specified in the Edition Date section on the, An explanation as to why a second petition is being filed, with supporting evidence, such as the notice from the delivery service; and. 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. Selected:Selected to file an H-1B cap petition. FY 2024 H-1B Cap Registration ProcessUpdate. 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. Even if using this check function, the burden is still on the registrant and their authorized attorney or representative, if applicable, to ensure that no duplicate registrations are submitted. A13. Its also essential to be conscious of any contracts or agreements youve signed with non-compete clauses to avoid repercussions. 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. 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. Petitioners should enter their own address in Part 1, question 3 of the Form I-129. The H-1B electronic registration process, implemented in 2020 beginning with the FY 2021 H1B cap, -has dramatically streamlined processing by reducing paperwork and data exchange, and provides an . 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 specialty occupation is defined as one requiring theoretical and practical application of a body of specialized knowledge and attainment of a bachelors degree or higher in the specific area of work. Most commonly, these areas of specialty include the sciences, computer programming, and engineering. 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. If you file your petition at the wrong location, we may reject it. The prohibition on an employer or related entities filing multiple H-1B cap petitions for the same beneficiary has not changed. 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). USCIS previously announced that premium processing resumed on June 26 for H-1B petitions filed on behalf of physicians under the Conrad 30 waiver program as well as interested government agency waivers. 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. 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. A2. A26. Yes, you can select premium processing while filing or, at a later time, upgrade to it after getting the receipt notice. USCIS allots an additional 20,000 petitions to individuals holding advanced degrees at a masters level or beyond. A14. During the FY 2023 cap season, the overall selection rate was 26.9% - USCIS reports that 408,891 registrations were . A registrants USCIS online account will show one of the following statuses for each registration: H-1B cap-subject beneficiaries, including those eligible for the advanced degree exemption, must have a valid Selected registration notification for that specific fiscal yearin order fora registrant or representative to properly file an H-1B cap-subject petition. Q10. This will ensure that the I-797 receipt and approval notices are sent to the petitioner. Historically, employers filed their full, and often voluminous, H-1B cap-subject petitions . This may include a copy of the signed, certified LCA. For example, Widget Inc. submits a registration for Aryan as a software engineer. 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. If this two-year home country requirement doesnt apply to your situation, you could be eligible for H-1B status. A11. page. To that end, USCIS also provides a tool to download a .csv file and search for duplicate entries. 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. Also, nonprofit research organizations which mainly engage in basic or applied research, governmental . Our handling of multiple H-1B cap petitions is consistent with 8 CFR 214.2(h)(2)(i)(G) and Matter of S- Inc., Adopted Decision 2018-02 (AAO Mar. Prospective petitioners (also known as registrants) must use a registrant account within myUSCIS to submit registrations. Evidence of Beneficiarys Educational Background. After USCIS chooses your position in the lottery, your company may retain a VisaNation Law Group attorney to complete the process. 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. 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. There are different fees depending on the type of H-1B petition you are submitting. Congress set the current annual regular cap for the H-1B category at 65,000. 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. Q20. Click here if you want to learn more about H-1B cap exempt employers. 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. Connected to higher learning institutions through the non-profit being a member, subsidiary, branch, or cooperative. A29. A16. 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. 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. Why is this occurring? Under the Higher Education Act of 1965, nonprofit colleges, and universities offering an associate's degree or higher are generally cap-exempt. Again, we need to reemphasize that all petitioners can complete the initial registration on their own accord. 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). The question he had was whether he would be eligible to file a new cap-exempt H-1B petition. 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. What start date should petitioners with a selected registration indicate on their Form I-129? This will result in the denial or revocation of both petitions. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. If the educational institution does not have a registrar, then the letter must be signed by the person in charge of educational records where the degree will be awarded. We have specific mailing addresses for cases that are subject to the H-1B cap. AC21 Series: New Ways for Nonprofits to Claim Exemption. A8. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. An H-1B transfer allows individuals with H-1B visa status or previous H-1B visa status to transfer to a different employer.
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