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. A33. Complete all required sections of the form accurately and in accordance with the regulations and form instructions. H-1B status, youll need the new employer to file a petition on your behalf. Applicant/petitioner/requestor account Individuals use this type of account to prepare and file applications, petitions, or other benefit requests. They will need two separate accounts, one for each company. If you do not, we will reject or deny your petition. Transferring to or from an H-1B Cap-Exempt Employer, O-1 Visa Lawyers All Your Need to Know in 2023. When filling out the Form G-28, the representative must enter the same email address the registrant used when creating their USCIS account. 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. If you are an attorney and already have an existing legal representative account, your account will work with the H-1B electronic registration process. The job itself has to require the degree and specialized skills you possess. See the Tips for Filing Forms Online webpage for information on how to delete your account. Q11. 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. 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. 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. If a registrant no longer wants their attorney involved, they can end the relationship with the representative, and the registrant will still be able to see all registration information in their own registrant account(s). Connected to higher learning institutions through the non-profit being a member, subsidiary, branch, or cooperative. It will not check for duplicates within that draft or between drafts. We do not refund the $10 fee if you delete a duplicate registration. You can check USCIS processing times online. However, in some cases, you can file H-1B applications without going through the H-1B cap. Will the system allow for multiple staff members to log into my account at the same time? H-1B cap-subject petitions, including those eligible for the advanced degree exemption, may not be filed unless based on a valid and selected registration for the beneficiary named in the petition (unless the registration requirement is suspended). 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. 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. 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? 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. A request to withdraw the first petition filed for the H-1B cap. 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. According to the U.S. Department of Labor (DOL). The DOL wage establishes and certifies the prevailing wage or the employers proposed wage, depending on which one is higher. 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? Both representatives and registrants must wait until March 1 to create and submit H-1B registrations. In some instances, H-4 holders can also get the ability to work. A2. response, should one later be issued on the case. 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. Would he be able to file for a new H-1B cap-exempt petition? Historically, employers filed their full, and often voluminous, H-1B cap-subject petitions . Please see the Department of Labors Office of Foreign Labor Certification website for more information on the LCA process. However, the H-1B visa has an annual cap of 65,000. You may not use an LCA for more workers than specified in Part B, Question 7 of the LCA. A25. 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 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. Also, we recommend that attorneys and authorized individuals who work for the same company coordinate to eliminate duplicates before submitting their registrations. 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. This tier includes all form/support letter preparation plus case filing within the timeframe. 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). For further information on Form G-28, please see our Filing Your Form G-28 page. However, Widget Inc.s parent company, A.B.C. 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. 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. 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. 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. Official websites use .gov H-1B1 The H-1B1 visa is an option available to nationals of Chile and Singapore. If information on the registration and petition does not match, USCIS may reject or deny the petition. 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. Payable to the Department of Homeland Security; Form G-28 (if represented by an attorney or accredited representative), Copy of the Registration Selection Notice for the Beneficiary Named in the Petition, H Classification Supplement to Form I-129 and/or Trade Agreement Supplement to Form I-129 (for H-1B1 Chile-Singapore petitions). However, you can probably expect to receive a request for evidence, which could delay processing. Also, review the country of birth and citizenship and the I-94 number (if applicable) for accuracy. The criteria are rigorous, and it is crucial to understand every caveat of the regulations in order to find you are eligible. Evidence of Beneficiarys Educational Background. 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. 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. There are three types of USCIS online accounts: A prospective petitioner may only have one registration submitted per beneficiary per fiscal year. Secure .gov websites use HTTPS different types of green cards in the U.S. Connected or affiliated with an institution of higher learning via shared ownership or control by the same board. If you are interested in a cap-exempt transfer and have a gap in employment we recommend taking advantage of the premium processing service. We have specific mailing addresses for cases that are subject to the H-1B cap. 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. 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). Historically, employers filed their full, and often voluminous, H-1B cap -subject petitions . 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). Invalidated-Failed Payment:A registration was submitted but the payment method was declined, not reconciled, disputed, or otherwise invalid. Tier 2: $1,900 to be due if the USCIS selects the case in the lottery for filing. 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. In that case, USCIS will revoke all of your petitions from the related employers. 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. March 1: H-1B registration period opens at noon Eastern. If the employee works full-time, but for less than a year, they must get a prorated share of the $60,000. How do I find it? You will need to use a new email address to set up the H-1B registrant account type. Include a copy of the beneficiarys valid passport. Does the client need to provide only one company contact for all their offices? The H1b visa cap-exempt is limited to only certain US employers. 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. H-1B cap-exempt jobs can hire foreign workers year-round, and those workers can start at any point. Q1. A29. Claiming cap exemption status is an effective way for employers to attempt to avoid the H-1B cap. 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. 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). A3. Form G-28, Notice of Entry of Appearance as Attorney or Representative. USCIS saw upward trends in the FY 2022 and FY 2023 H-1B registration periods as well. You can travel with it pending as long as there is a valid H-1B visa stamp and approved petition ready for your reentry. Upon reviewing my documents this new company said they cannot transfer my H1B because they are non cap exempt. There are several resources to turn to when looking for an H-1B cap-exempt employer. The authorized signatory who signed the registration does not need to be the same authorized signatory who signs the Form I-129. If you are an attorney or representative, view the video below for steps on how to submit registrations for your clients. It is your responsibility to submit valid payment. You will not be able to switch to a different account type yourself once you make an initial selection. 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. You may file an H-1B petition no more than six months before the employment start date requested for the beneficiary. 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. 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. What happens if my payment initially clears, but then fails (for example, payment is made using an electronic check that my bank then returns)? You can find the H Classification Supplement beginning on page 13 of Form I-129. 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. It does not change. You can begin working the day the employer receives the receipt from the USCIS. There are different fees depending on the type of H-1B petition you are submitting. Please see the video below for instructions about setting up registrant accounts. Cap-subject H-1B employers must pay the ACWIA education and training fee. A nonprofit research organization is an organization that is primarily engaged in basic research and/or applied research. After its submitted, youll need to wait to hear whether USCIS has approved it. 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? Your immigration status dictates how long you can remain in the U.S. Ensure that any information provided during the electronic registration process matches the information provided on the petition. Q19. 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. A petitioner is eligible to refile their rejected petition as long as it is refiled within the designated 90-day filing window. 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. If the employer is also paying for benefits, they can not be counted towards the $60,000. For the H-1B visa holder to change employers, the new employer must submit an H-1B Visa Transfer petition with the USCIS. 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. We would not consider such registrations duplicates. 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). 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. Not all H-1B nonimmigrant visas (or status grants) are subject to this annual cap. Please read the filing instructions carefully. Yes. You must file your petition with the correct service center, as indicated on your Registration Selection Notice. 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 . 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. 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. Official websites use .gov 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. 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. 23, 2018). This is because you will no longer be a cap-exempt candidate and have not been counted against the H-1B cap. Not Selected:Not selected not eligible to file an H-1B cap petition based on this registration. A letter from the registrar confirming that the beneficiary has met all of the degree requirements. 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. You cannot file it. 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. 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