In order to submit an H-1B registration, you must first create a USCIS online account. We do not refund the $10 fee if you delete a duplicate registration. Rejected petitions will not retain a filing date. Unused visas in this group become available for H-1B use for the next fiscal years regular H-1B cap. A1. H1b Cap Exempt Jobs Non-Profit H1B Visa - Herman Legal Group Even if the attorney submitted a Form G-28 to represent a registrant for the registration process, they would still need to submit a new Form G-28 with the Form I-129 petition. 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. However, we added duplicate checker functionality to the electronic registration process. This will ensure that the I-797 receipt and approval notices are sent to the petitioner. When paying by check, please be sure to enter the bank routing number and bank account number accurately. 23, 2018) (PDF, 123.38 KB). 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. United States: USCIS Received Record Number of Eligible Registrations There are three types of USCIS online accounts: A prospective petitioner may only have one registration submitted per beneficiary per fiscal year. Ensure that you have also entered the corresponding Beneficiary Confirmation Number on the H Classification Supplement (Page 13, Question 5). For example, Widget Inc. submits a registration for Aryan as a software engineer. 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 start employment within 30 days on the date indicated on the H-1B Transfer petition submitted to USCIS. H-1B Cap-Exempt Non-Profit Organization Requirements. Representatives can create an account at any time by using the same kind of account already available to representatives. Q32. Yes, you can select premium processing while filing or, at a later time, upgrade to it after getting the receipt notice. A4. 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. They will also need a separate email address for each account. Or will the registrant use the same code that was generated at the initial creation of the Form G-28 each time they log in to review or edit it? For more information about the H-1B program, visit our H-1B Specialty Occupations webpage. Will USCIS invalidate registrations as duplicates if the same representative submits two registrations for the same beneficiary, but for two unrelated companies? Process transactions using a checking account. 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. After USCIS chooses your position in the lottery, your company may retain a VisaNation Law Group attorney to complete the process. 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. The prohibition on an employer or related entities filing multiple H-1B cap petitions for the same beneficiary has not changed. 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? Additional information is available on our How Do I Request Premium Processing? 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. Everything You Need to Know 2nd Concurrent H1B Also, we recommend that attorneys and authorized individuals who work for the same company coordinate to eliminate duplicates before submitting their registrations. Ensure that the petition is properly signed. Find out about different types of green cards in the U.S. We would invalidate only the duplicate registrations. H1b Higher Education Cap Exemption - Herman Legal Group AC21 Series: New Ways for Nonprofits to Claim Exemption. Ensure that any information provided during the electronic registration process matches the information provided on the petition. You would be able to delete the registration for the beneficiary that contained the error without affecting the rest of the batch submission. If you discover you or your representative submitted more than one registration for the same person and the initial registration period is still open (before noon Eastern on March 17, 2023), you can go into your account and delete the extra submission(s) until there is only one registration for the beneficiary. What is the H-1B Cap-Exempt Processing Time? H-1B visa is a non-immigrant visa that permits a US company to hire workers in specialty occupations . 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. Concurrent employment for a cap-subject and cap-exempt employer H-1B Status and the Cap Gap Extension | Study in the States - DHS 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. Connected to higher learning institutions through the non-profit being a member, subsidiary, branch, or cooperative. H-1B Frequently Asked Questions | Berkeley International Office According to the DOL, the H-1B cap-exempt minimum wage is at least $60,000 in the calendar year. 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. If the employee works full-time, but for less than a year, they must get a prorated share of the $60,000. On the right-hand side, when searching through the database, you can select cap-exempt. You can also filter industry code (NAICS), work city, visa rank, and job titles. The electronic registration process streamlines processing by reducing paperwork and dataexchange, and provides overall cost savings to employers seeking to file H-1B cap-subject petitions. Everything You Need to Know About H1B cap exempt You will also be able to submit Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative. Q8. H-1B Cap Exempt: Rules, Employers, and Process 2023-24 - VisaNation Selected:Selected to file an H-1B cap petition. 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. Secure .gov websites use HTTPS And H1B visa holder's new employer will have to subscribe an H1B student transfer petition at that USCIS. 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. Passport numbers should help to avoid the scenario described in the question. Our system will not separately notify you that the registrant has approved the Form G-28 and H-1B registrations. . Arrival-Departure Record (Form I-94) if the beneficiary is in the United States, SEVIS Form I-20 if the beneficiary is a current or former F-1 student or F-2 dependent, SEVIS Form DS-2019 if the beneficiary is a current or former J-1 or J-2, Form I-566 if the beneficiary is a current A or G nonimmigrant, Department of Labor certified LCA, Form ETA 9035, Employer/attorney/representative letter(s). If the LCA was previously submitted in a petition that has been approved, you must submit a list including the name and USCIS case receipt number of any foreign worker who has previously used the LCA. Within that period, USCIS will either approve, issue a denial notice, notice of intent to deny, or request for evidence for your case. Yes. No, it does not but the advantage is that it reduces processing time down to 15 days for a service fee of $2,500. We will reject all petitions submitted with the incorrect filing fee. Please note that up to 6,800 visas are set aside from the 65,000 each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore free trade agreements. Will both the attorney and the client (prospective registrant) need to create a USCIS online account for the H-1B electronic registration process? H1B Cap Exempt Rules | NNU Immigration Share sensitive information only on official, secure websites. Unlike the regular and advanced degree categories, the H-1B cap exempt category does not have a set quota or annual limit. A17. There is an error message that indicates an email mismatch or invalid passcode. This check will compare the beneficiaries listed in the draft with any registrations previously submitted during this registration period.
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