Would he be able to file for a new H-1B cap-exempt petition? If USCIS approves your amendment while youre traveling, your employer can forward it to you to use at the port of entry. 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 Does a duplicate registration in a submission batch affect all registrations in the batch or only the duplicate registration? 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. Associate with a government organization or institution of higher education, it must: Be a non-profit entity. If any information does not match, you should provide an explanation with your petition and supporting documentation as to why there was a change or why the information does not match. 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. Q22. The H-1B visa program allows employers to temporarily employ foreign workers in the U.S. on a nonimmigrant basis in specialty occupations or as fashion models of distinguished merit and ability. If you file your petition at the wrong location, we may reject it. The new employer may already hold an applicable LCA, or may have sought and received a new LCA in order to submit the petition.. Note that the lottery stages are tiered, and USCIS will select not all companies to file a complete H-1B petition. 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). Citizenship and Immigration Services (USCIS) conducts a lottery to award H-1B slots to enough foreign workers to meet its 85,000 visa annual cap. We would not consider such registrations duplicates. Where Can I Find H-1B Cap-Exempt Employers? A27. Yes, you will need to create a new account. 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. However, USCIS allows certain employers to sponsor H1b visas without being subject to the H1b cap. We prefer that you submit a separate check for each fee. (Note: USCIS encourages petitioners to keep Department of Labor LCA processing times in mind when preparing the H-1B petition and to plan accordingly.) In such a situation, the petitioner should include a statement with their petition, with supporting documentation, explaining why the address on the registration differs from the address on the petition. 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. If you need other technical support, please call the USCIS Contact Center at 800-375-5283. 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. In order to submit an H-1B registration, you must first create a USCIS online account. Heres a case scenario to better illustrate the process: Maria Gonzalez is trying to determine if she would be eligible for cap exemption under H-1B. 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. 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. The passport number, when available and included on Form I-129, may help USCIS to confirm that the beneficiary named in the registration notice is the same individual as the beneficiary named in the petition and avoid processing delays. If the worker transfers from a cap-exempt employer to a cap-subject employer, they will have to undergo the H1B lottery . Q13. Q12. 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. 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. - The agency selected 110,791 beneficiaries to reach the H-1B quota of 85,000, for an overall selection rate of 14.6%. Q15. Creating an online account is easy; please see the videos below. Registrants must provide the passport numbers or affirmatively indicate that the beneficiary does not have a passport number. It is your responsibility to submit valid payment. A16. Q28. Theres a distinction between your visa stamp and your immigration status in the U.S. 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. You can look up employers and find databases that match you to a suitable H-1B cap-exempt employer. 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 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). You must indicate a start date of Oct. 1 or later (of the applicable fiscal year, and 6 months or less from the receipt date of the petition) on your petition or your petition will be rejected or denied. 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. Also, nonprofit research organizations which mainly engage in basic or applied research, governmental . 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. The H-1B visa holder will have to file an H-1B petition to the USCIS via their new employer to work both jobs. post cute-fiesty 2 yr. ago good_game_wp 2 yr. ago There is a minimum salary your employer must pay you as an H-1B worker. 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. 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. 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. Process transactions using a debit card from a financial institution located in the United States. However, we added duplicate checker functionality to the electronic registration process. The cost for premium processing is $2,500. Your immigration status dictates how long you can remain in the U.S. 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. H-1B visa is a non-immigrant visa that permits a US company to hire workers in specialty occupations . Only these two account types will work with the H-1B electronic registration process. 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. If youre seeking an H-1B transfer, speak with an H-1B lawyer at VisaNation Law Group first. A21. 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. **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. 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. Tier 3: $500$1,500 will be the cost of a Request For Evidence (R.F.E.) The advanced degree exemption is an exemption from the H-1B cap for beneficiaries who have earned a U.S. masters degree or higher and is available until the number of beneficiaries who are exempt on this basis exceeds 20,000. 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. Registrant account This is the account that a prospective petitioner must create in order participate in the H-1B registration process, regardless of whether the prospective petitioner will be using an attorney or accredited representative to submit the 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. Looking for U.S. government information and services? H1B petitions filed by nonprofit research organizations or governmental research organizations, as defined in 8 CFR 214.2 (h) (19) (iii) (C), are exempt from the H1B cap. You do not need to create a new legal representative account unless you do not have one. We will reject H-1B petitions requesting a start date of As Soon As Possible or ASAP.. Yes, as he has not used up his 6 years allowed on H-1B. If your original sponsoring employer is cap-exempt and you wish to transfer to a cap-subject employer, then the latter employer will need to file an H-1B cap petition on your behalf. 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. Share sensitive information only on official, secure websites. 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. 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. One of the most popular options is to apply for positions at companies that are exempt from this year's cap. However, by statute, H1B visas are subject to an annual numerical limit of 65,000 visas for every fiscal year, although the first 20,000 petitions for these visas filed on behalf of beneficiaries with US master's degrees or higher are exempt from this cap. 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 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. However, you can probably expect to receive a request for evidence, which could delay processing. The last thing you want to do is submit transfer documents and have them denied because of errors on your part. Below is a chart detailing the H-1B fees including those for H-1B cap-exempt petitioners. You may also use ouronline form,but you will get faster service by calling. Q7. You would be able to delete the registration for the beneficiary that contained the error without affecting the rest of the batch submission. 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. Q11. Q26. Q17. 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. My Case Scenario Jane Jane, a Venezuelan national, has degrees in Economics and Writing. Individual R.F.E.s can range between $500- $1600 depending on the cases circumstances. What happens if a legal representative submits a registration but then stops representing the registrant? Q10. See the section below on, A copy of the beneficiarys final transcript; or. USCIS allots an additional 20,000 petitions to individuals holding advanced degrees at a masters level or beyond. A19. 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? If you are a prospective petitioner (registrant), view the video below for steps on how to submit registrations without the use of an attorney or representative. The United States Citizenship and Immigration Services (USCIS) issues 85,000 h1b visas every year. Only those with selected registrations are eligible to file H-1B cap-subject petitions. Q20. We do not refund the $10 fee if you delete a duplicate registration. 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 . Completely operated by the higher learning institution. A14. 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. As a registrant, can I delete my account? A15. Ensure that the beneficiarys name is spelled properly and that their date of birth is displayed in the proper format (mm/dd/yyyy). 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. 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? A letter from the registrar confirming that the beneficiary has met all of the degree requirements. 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. Candidates Inside The U.S. Rejected petitions will not retain a filing date. Both representatives and registrants must wait until March 1 to create and submit H-1B registrations. Q32. However, to authorize their representation, the attorney would need to file a Form G-28 with the Form I-129 H-1B petition. They will also need a separate email address for each account. 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. Currently, up to 65,000 visas are issued annually for foreign workers possessing at least a US bachelor's degree or its equivalent. According to Section 101 (a) of the Higher Education Act, an institution of higher education must: USCIS defines a non-profit research organization as one that is primarily engaged in basic or applied research. The most common not-for-profit institutions are colleges and universities affiliated with medical labs, research units, and hospitals. 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. To reset your password, please visit the Forgot Your Password page on our website. While times may vary slightly, premium processing typically takes 15 days, and the service fee is $2,500. 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. H-1B status, youll need the new employer to file a petition on your behalf. Evidence of Beneficiarys Educational Background. Alternatively, there are a few instances where the registrant or legal representative account may be deleted. Review our. You can check USCIS processing times online. USCIS encourages the use of a brightly colored coversheet flagging the issue as away to ensure that this is reviewed upon receipt. Feb. 21: Petitioners and registrants can begin creating H-1B registrant accounts at noon Eastern. Cap-exempt employers do not need to pay this fee. 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 . What if I choose the wrong account type when I am creating a USCIS online account? If the representative entered an incorrect email address for the registrant, the representative could recall the Form G-28 by clicking the Recall G-28 for edits button at the bottom of the account homepage. Looking for U.S. government information and services? The legal representative will need to share this passcode with the registrant, so the registrant can add that individual as a representative and review and approve the draft H-1B registration and Form G-28. Process transactions using a checking account. We do not send the client passcode directly to the registrant. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. There is a daily transaction limit for credit cards of $24,999.99 per credit card per day. 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. Before you submit your registration(s), you can check whether 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. 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. After its submitted, youll need to wait to hear whether USCIS has approved it. Yes. Suppose an audit determines that you have a petition for two employers that are parents, subsidiaries, or affiliates of one another. There are 1400 visas available annually for Chileans and 5400 for Singaporeans. 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. According to the DOL, the H-1B cap-exempt minimum wage is at least $60,000 in the calendar year. 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. 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. Non-profit organization associated with a higher education institution, Non-profit research organization or government research organization, A for-profit company seeking to hire an individual for specialty occupation services to be provided to an approved non-profit, Provide admission to students for a secondary education, Have a license from a proper institution to provide education beyond secondary school, Offer educational programs that award bachelors degrees or, at a minimum, two-year education toward a degree. 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. You can begin working the day the employer receives the receipt from the USCIS. The unique code generated when you create the Form G-28 remains on your homepage. If a prospective petitioner submits registrations for unrelated beneficiaries who happen to have the same name, date of birth, and no passport numbers, would USCIS consider those registrations duplicates? 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.
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