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. also known as the master's cap. Although the entire H-1B lottery process is very complicated, some petitioners are able to bypass it if they fall within the exemption. Likewise, if USCIS approved an I-140, you can obtain an extension in three-year increments assuming the priority date isnt current. Q32. H1B cap-exempt employers include institutions of higher education or related or affiliated nonprofit entities, nonprofit research organizations, and governmental research organizations. No, it does not but the advantage is that it reduces processing time down to 15 days for a service fee of $2,500. Historically, employers filed their full, and often voluminous, H-1B cap -subject petitions . Under the Higher Education Act of 1965, nonprofit colleges, and universities offering an associate's degree or higher are generally cap-exempt. If this two-year home country requirement doesnt apply to your situation, you could be eligible for H-1B status. There is no definitive database for cap exempt employers, unfortunately. To help with that, we also offer a tool to download a .csv file and search for duplicate entries. Representatives can create an account at any time by using the same kind of account already available to representatives. The 15-days guaranteed processing period begins when USCIS receives Form I-907, Request for Premium Processing Service. To that end, USCIS also provides a tool to download a .csv file and search for duplicate entries. An official website of the U.S. Department of Homeland Security, An official website of the United States government, How USCIS Determines if an H-1B Petition Is Subject to the Cap, When to File an H-1B Cap-Subject Petition, How to Ensure You Properly File Your H-1B Cap-Subject Petition, Additional Documents Required with Your Petition, To protect your privacy, please do not include any personal information in your feedback. Q14. 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. Additionally, the employer must indicate that they are not displacing U.S. applicants by hiring a foreign worker. 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). The existing applicant account type will not work for H-1B electronic registration. When we receive a timely and properly filed H-1B cap subject petition, the petitioner (and, if applicable, the petitioners legal representative) will be provided a Form I-797, Notice of Action, communicating receipt of the petition. The H-1B cap-exempt processing time varies from case to case but is on average six months. 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. If you are currently working for a cap-exempt employer, you can also concurrently work for a cap-subject employer, and the cap-subject employer does not have to go through the H1b lottery process. Connected or affiliated with an institution of higher learning via shared ownership or control by the same board. 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. If you qualify for multiple specialty occupations within the same employer, the USCIS might allow for multiple registrations. 23, 2018) (PDF, 123.38 KB). A25. Cap-exempt employers do not need to pay this fee. Q21. Go to theForm I-129, Petition for a Nonimmigrant Worker web pagefor the current filing fee amount. What is the H-1B Cap-Exempt Processing Time? USCIS makes an error and you file a petition to correct the error. Will both the attorney and the client (prospective registrant) need to create a USCIS online account for the H-1B electronic registration process? If we select the beneficiary under the advance degree exemption and the beneficiary has not earned a qualifying masters or higher degree from a U.S. institution of higher education at the time of filing the petition, we will deny or reject the petition. H-1B Cap-Exempt Non-Profit Organization Requirements. Please see the video below for instructions about setting up registrant accounts. FY 2024 H-1B Cap Registration ProcessUpdate. The legal representative will need to notify the registrant that the registration and Form G-28 were entered for the registrants review; or the registrant can see the registrations and Form G-28 by logging into their account. A helpful site is MyVisaJobs with their H-1B Visa Sponsor Database. Entering the same beneficiary more than once. Passport numbers should help to avoid the scenario described in the question. You do not need to create a new legal representative account unless you do not have one. 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. 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. 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. 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). There are several resources to turn to when looking for an H-1B cap-exempt employer. 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 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. For additional . A27. To reset your password, please visit the Forgot Your Password page on our website. 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? Also, we recommend that attorneys and authorized individuals who work for the same company coordinate to eliminate duplicates before submitting their registrations. If you choose the wrong account type, you may use a new email address to create a new account in myUSCIS and choose the correct account type. 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. We have specific mailing addresses for cases that are subject to the H-1B cap. Do not file petitions earlier than six months before the requested employment start date. After the legal representative submits a registration, will the registrant be notified via email or by logging into their account? Tier 2: $1,900 to be due if the USCIS selects the case in the lottery for filing. Please choose the correct account typeH-1B Registrant or Legal Representative, as applicablewhen you create your account. 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. If you properly file a second H-1B petition and withdraw the first, USCIS will withdraw the first petition and proceed with adjudication of the second petition. 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. Please refer to the H and L Filing Fees for Form I-129, Petition for a Nonimmigrant Worker page for detailed instructions on H-1B fees. 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. Using this check does not guarantee that you will not submit a duplicate. Also, review the country of birth and citizenship and the I-94 number (if applicable) for accuracy. The H-1B visa holder will have to file an H-1B petition to the USCIS via their new employer to work both jobs. Unused visas in this group become available for H-1B use for the next fiscal years regular H-1B cap. 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. In some instances, H-4 holders can also get the ability to work. March 31: Date by which USCIS intends to notify selected registrants. Yes. Selected:Selected to file an H-1B cap petition. A26. There is an error message that indicates an email mismatch or invalid passcode. Furthermore, we would consider a registration to not be properly submitted if it contained an attestation that was not true and correct (for example, that a company worked with another entity to submit multiple registrations for the same beneficiary to unfairly increase chances of selection for that beneficiary). Submitted:The registration has been submitted and is eligible for selection. If information on the registration and petition does not match, USCIS may reject or deny the petition. Since the cost to register an H-1B cap petition into the lottery is so low, we expect many entries into the lottery again this year. Claiming cap exemption status is an effective way for employers to attempt to avoid the H-1B cap. 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. H-1B visa is a non-immigrant visa that permits a US company to hire workers in specialty occupations . After USCIS chooses your position in the lottery, your company may retain a VisaNation Law Group attorney to complete the process. How do I find it? Q24. The system will not prevent a representative and a registrant from both registering the same beneficiary. For more information, please see the Unfairly Increasing Chances of Selection tab above. 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. If I have an existing applicant myUSCIS account, do I have to create an H-1B registrant account? Process transactions using a debit card from a financial institution located in the United States. What is the earliest date I can start drafting registrations? Petitioners may not file multiple or duplicative H-1B petitions for the same beneficiary. In that case, USCIS will revoke all of your petitions from the related employers. Q9. United States: USCIS Received Record Number of Eligible Registrations Q22. 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. The H-1B program is designed to allow US employers to hire foreign nationals to fill positions within the US workforce that are called "specialty occupations". 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. If USCIS finds that this attestation was not true and correct (for example, that a company worked with another entity to submit multiple registrations for the same beneficiary to unfairly increase chances of selection for that beneficiary), USCIS will find that registration to not be properly submitted. Options if Not Selected in the H1B Lottery - Murthy 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. You can find the H Classification Supplement beginning on page 13 of Form I-129. Registrants must provide the passport numbers or affirmatively indicate that the beneficiary does not have a passport number. Q16. However, you can probably expect to receive a request for evidence, which could delay processing. If you properly submitted other registrations for different beneficiaries, these valid registrations would remain in the system for the selection process. the registrant, or the organization on whose behalf the registration(s) is being submitted, has not worked with, or agreed to work with, another registrant, petitioner, agent, or other individual or entity to submit a registration to unfairly increase chances of selection for the beneficiary or beneficiaries in this submission. 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. If youre seeking an H-1B transfer, speak with an H-1B lawyer at VisaNation Law Group first. Q13. If the beneficiary is seeking an extension of stay or change of status, the petition should include evidence (such as a Form I-94 or Form I-797 approval notice) to establish that the beneficiary will have maintained a valid nonimmigrant status through the employment start date being requested. The attorney can designate multiple authorized officials in a client company. As you can see, the portability rule is quite complex. Ensure that any information provided during the electronic registration process matches the information provided on the petition. This week was supposed to be my last week with my original employer and they have not reported my . usavisanow.com - Immigration Law Office of Eran Regev, Esq. Just because you hold a bachelors degree does not guarantee that youre eligible for H-1B status. 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. To be Cap-exempt means that certain organizations are exempt from the timeframe or limit that governs the 85,000 application cap and can file H-1B applications without going through H-1B cap. Must start employment within 30 days on the date indicated on the H-1B Transfer petition submitted to USCIS. After its submitted, youll need to wait to hear whether USCIS has approved it. Petitioners must file at the location indicated on the H-1B registration selection notice, which may be different from the historical Form I-129 filing jurisdictions for cap cases. 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 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. Candidates Inside The U.S. The employer also enters this wage on the L.C.A. 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. Please see the Department of Labors Office of Foreign Labor Certification website for more information on the LCA process. Concurrent employment for a cap-subject and cap-exempt employer Registrations that we find are duplicates will be invalid. Connected to higher learning institutions through the non-profit being a member, subsidiary, branch, or cooperative. 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. We would not consider such registrations duplicates. Therefore Maria qualifies for the exemption even if Company X files the petition because she would be performing tasks that fall under the exemption rules and follow Company Ys mission. See the Tips for Filing Forms Online webpage for information on how to delete your account. . The Form G-28 client passcode does not work when the client tries to enter it. Like the H1B visa transfer procedure, you can be eligible for work as soon as all fees are paid and the USCIS receives . Sample End Client Letter for H1B Visa petition / Employer-Employee 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 is up to the representative and registrant to ensure that the registrant maintains access to submissions made for them and any updates related to those submissions. Will I be able to change it to the correct account type later? H1B cap exempt employers list : r/immigration - Reddit 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. Q15. Each registration is for a single beneficiary. 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. According to the DOL, the H-1B cap-exempt minimum wage is at least $60,000 in the calendar year. You may file an H-1B petition no more than six months before the employment start date requested for the beneficiary. While not required information if the beneficiary is outside the United States, you may include the beneficiarys passport number on Form I-129. A24. Q33. Fortunately, the H-1B applies to many occupations, including those in the sciences, engineering, business administration, and more. However, it is essential to note that the premium processing feature only expedites the speed at which the USCIS processes your I-129 petition. 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. Measures to Combat Fraud in the Registration Process. The United States Citizenship and Immigration Services (USCIS) issues 85,000 h1b visas every year. 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. Would he be able to file for a new H-1B cap-exempt petition? You can log into your account to check if the registrant has approved the Form G-28 and the H-1B registrations. A petitioner is eligible to refile their rejected petition as long as it is refiled within the designated 90-day filing window. 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. 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. Cap-Exempt H-1B Employment Clarified by DHS - The National Law Review Registrants submitting their own registrations will enter their company information as part of their first H-1B registration. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. 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. Will the system prevent the representative and the registrant from both entering the same beneficiary? 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. A1. Once you identify an employer, you can expedite the process by opting for premium processing. 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. Below is a chart detailing the H-1B fees including those for H-1B cap-exempt petitioners. Our Perspective: H-1B Options If Not Selected in the FY 2024 Cap You may not use an LCA for more workers than specified in Part B, Question 7 of the LCA. A32. A20. The H-1B program is an essential part of our nations immigration system and our economy, and USCIS is committed to implementing the law and helping meet the ever-changing needs of the U.S. labor market. May 3, 2007; The employee musts not have violation any of your visa statuses or guided any unlawful act in the U.S. The question he had was whether he would be eligible to file a new cap-exempt H-1B petition. H1B Cap Exempt Employers | Free Consultations - VisaNation 501(c)(3), (c)(4), or (c)(6)). If you need other technical support, please call the USCIS Contact Center at 800-375-5283. If the payment is later declined, rejected, disputed, or canceled after submission, the registration will be invalidated. Note: It is your responsibility to ensure that Form I-129 is completed accurately and submitted properly. You must agree to the Terms of Use, which include an attestation that you are the person that holds the account and that you will not share your account with others or allow others to use your account. Feb. 21: Petitioners and registrants can begin creating H-1B registrant accounts at noon Eastern. Upon reviewing my documents this new company said they cannot transfer my H1B because they are non cap exempt. H1b Higher Education Cap Exemption - Herman Legal Group If you file your petition at the wrong location, we may reject it. Company X (non-exempt employer) decides to file an H-1B on her behalf. 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. There is a daily transaction limit for credit cards of $24,999.99 per credit card per day. 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. If there is a typo on the registration in comparison to the Form I-129, will USCIS reject the Form I-129 petition? 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. 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. If the employee works full-time, but for less than a year, they must get a prorated share of the $60,000. A letter from the registrar confirming that the beneficiary has met all of the degree requirements. 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. Must have entered into a contractual agreement with the institution that establishes a relationship between them (the non-profit) and the institution for education or research. Q18. Q25. Submit all required documentation and evidence with the petition at the time of filing to ensure timely processing. Institution of higher education Nonprofit research organizations or government research organization A non-profit organization associated/affiliated with a higher education institution 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. Theres a distinction between your visa stamp and your immigration status in the U.S. 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. This may have unfairly increased their chances of selection. 2nd Concurrent H-1B Visa - Immigration Solutions USCIS has added duplicate checker functionality to the electronic registration process. However, we will consider registrations as duplicates if the registrations are for the same prospective petitioners and the same prospective beneficiaries. Prospective petitioners (registrants) must create registrant accounts for H-1B registration and, if submitting registrations through a representative, must enter the case access passcode from their representatives to connect the accounts and submit the registrations. Include a copy of the beneficiarys valid passport. 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. 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). A .gov website belongs to an official government organization in the United States. NewsFlash! USCIS Releases FY24 H1B Registration Numbers and Raises The cap gap extension allows for some F-1 students to extend their F-1 status and/or authorized period of post-completion OPT until they transition to the H-1B status on Oct. 1. As the H-1B visa holder, you do not have to receive permission from the former employer, though you should follow non-compete laws or any other contractual agreements with the employer. Looking for U.S. government information and services? What happens if my payment initially clears, but then fails (for example, payment is made using an electronic check that my bank then returns)? . However, in some cases, you can file H-1B applications without going through the H-1B cap. 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. 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. 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.

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