You must have a higher degree in that field and must be working for a cap-subject employer or a cap-exempt employer. According to the DOL, the H-1B cap-exempt minimum wage is at least $60,000 in the calendar year. 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. form. 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? This includes 20,000 H1b visas for individuals holding a master's or higher degree. page. Form G-28, Notice of Entry of Appearance as Attorney or Representative. 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 checking account information (routing and account number) must be from a financial institution located in the United States; or. There are several resources to turn to when looking for an H-1B cap-exempt employer. Q4. The new employer will enter you into the lottery based on the educational requirements of the position. However, USCIS allows certain employers to sponsor H1b visas without being subject to the H1b cap. You can travel with it pending as long as there is a valid H-1B visa stamp and approved petition ready for your reentry. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Q31. Moreover, according to USCIS, the ACWIA fee is also not required when: 2023 VisaNation, Inc. All Rights Reserved. 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. 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. Transferring to or from an H-1B Cap-Exempt Employer, O-1 Visa Lawyers All Your Need to Know in 2023. If I have an existing applicant myUSCIS account, do I have to create an H-1B registrant account? 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. Q1. Please see the Department of Labors Office of Foreign Labor Certification website for more information on the LCA process. Note that the lottery stages are tiered, and USCIS will select not all companies to file a complete H-1B petition. Looking for U.S. government information and services? H-1B cap petitions and advanced degree exemption petitions for the FY 2024cap must include an employment start date of no earlier than Oct. 1, 2023. The last thing you want to do is submit transfer documents and have them denied because of errors on your part. Selections take place after the initial registration period closes, so there is no requirement to register on the day the initial registration period opens. 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. What happens if a legal representative submits a registration but then stops representing the registrant? 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 question he had was whether he would be eligible to file a new cap-exempt H-1B 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. You may also use ouronline form,but you will get faster service by calling. Will the system allow for multiple staff members to log into my account at the same time? 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. Although we will not automatically reject the Form I-129 petition for typos on the selected registration in comparison with the Form I-129, the burden is on the registrant/petitioner to confirm that all registration and petition information is correct and to establish that the H-1B cap petition is based on a valid registration submitted for the beneficiary named in thepetition and selected by USCIS. 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. USCIS makes an error and you file a petition to correct the error. It is a dual intent visa which means you can pursue legal permanent residency while under this status. 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. However, if you do the registration, USCIS will deny your petition. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. You must file the petition with the correct USCIS service center. Step 1: Documents Required for H1B Transfer: Obtain Documentation from Previous Employer Step 2: File an I-129 Petition with the USCIS Petition Letter Step 3: Receive H1B Visa Stamp or Change of Status Approval Step 4: Start New Employment with Employer B (if Cap Exempt) Why Did Your H1B Transfer Get Denied? This tier includes all form/support letter preparation plus case filing within the timeframe. 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. FY 2024 H-1B Initial Registration Period Updates A petitioner is eligible to refile their rejected petition as long as it is refiled within the designated 90-day filing window. Please note that we do not take responsibility for the informations validity in the above database link. You can log into your account to check if the registrant has approved the Form G-28 and the H-1B registrations. Connected or affiliated with an institution of higher learning via shared ownership or control by the same board. Applicant/petitioner/requestor account Individuals use this type of account to prepare and file applications, petitions, or other benefit requests. H-1B Electronic Registration Process | USCIS If the worker transfers from a cap-exempt employer to a cap-subject employer, they will have to undergo the H1B lottery . Our system will not separately notify you that the registrant has approved the Form G-28 and H-1B registrations. When paying by check, please be sure to enter the bank routing number and bank account number accurately. If the payment is later declined, rejected, disputed, or canceled after submission, the registration will be invalidated. A .gov website belongs to an official government organization in the United States. 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. If the employee works full-time, but for less than a year, they must get a prorated share of the $60,000. 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. The employee cannot do so on his/her welfare. Please be sure to complete all sections of the form accurately. Below is a chart detailing the H-1B fees including those for H-1B cap-exempt petitioners. 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. PDF FY 2024 H-1B Initial Registration Period Updates - uscis.gov 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). 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. The submission, however, will only be valid once processing of the payment is completed. H1B Cap Exempt Employers | Free Consultations - VisaNation 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. H1b Cap Exempt Jobs Non-Profit H1B Visa - Herman Legal Group For the H-1B visa holder to change employers, the new employer must submit an H-1B Visa Transfer petition with the USCIS. You do not need to create a new legal representative account unless you do not have one. 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. We do not send the client passcode directly to the registrant. The recall feature is not available if the client has attempted to link the account. Q13. However, you can probably expect to receive a request for evidence, which could delay processing. H-1B Cap Exempt: Rules, Employers, and Process 2023-24 - VisaNation Do I need to use a new email address to set up the H-1B registrant 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. It does not increase your chances of USCIS selecting you for the lottery, and it does not make you cap-exempt. A letter from the registrar confirming that the beneficiary has met all of the degree requirements. Ensure that any information provided during the electronic registration process matches the information provided on the petition. 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. The DOL wage establishes and certifies the prevailing wage or the employers proposed wage, depending on which one is higher. H-1B Cap-Exempt Non-Profit Organization Requirements. Alternatively, there are a few instances where the registrant or legal representative account may be deleted. 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. 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. The H-1B electronic registration process, implemented in 2020 beginning with the FY 2021 H-1B cap, has dramatically streamlined processing by reducing paperwork and data exchange, and provides an overall cost savings to petitioning employers and USCIS. Concurrent employment for a cap-subject and cap-exempt employer Just because you hold a bachelors degree does not guarantee that youre eligible for H-1B status. . While times may vary slightly, premium processing typically takes 15 days, and the service fee is $2,500. 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. 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 you properly submitted other registrations for different beneficiaries, these valid registrations would remain in the system for the selection process. 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. However, the prospective petitioner (registrant) at the registration stage must match the petitioner at the Form I-129 stage. Only the U.S. employer can file on your behalf. 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. Would he be able to file for a new H-1B cap-exempt petition? A7. As long as your I-94 is valid, then you can continue working in the U.S. for your H-1B sponsoring employee. H1b Higher Education Cap Exemption - Herman Legal Group The criteria are rigorous, and it is crucial to understand every caveat of the regulations in order to find you are eligible. 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. You must submit evidence of the beneficiarys education credentials (with English translations when applicable) at the time you file your petition. 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). What happens to my registration submission if the payment fails to initially go through? Registrants working with a representative will review company information that their representatives enter. Both the client (prospective registrant) and attorney will need a USCIS online account for the H-1B electronic registration process. Beginning in FY 2023, the attestation that is required before submission indicates, I further certify that this registration (or these registrations) reflects a legitimate job offer and that I, or the organization on whose behalf this registration (or these registrations) is being submitted, have 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.. Often finding an employer is the most time-consuming process. *The count of eligible registrations excludes duplicate registrations, those deleted by the prospective employer prior to the close of the registration period, and those with failed payments. 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. Congress set the current annual regular cap for the H-1B category at 65,000. PDF Fact Sheet #62Q: What are "exempt" H-1B nonimmigrants? - DOL Representatives who already have a representative account may use that account; they do not need to create a new account. Another example is Siddhartha, an energy. 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. A33. Everything You Need to Know 2nd Concurrent H1B 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 Concurrent H1B - How to Work for Multiple H1B Employers - VisaPro 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. H1B cap-exempt employers include institutions of higher education or related or affiliated nonprofit entities, nonprofit research organizations, and governmental research organizations. 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. This page was not helpful because the content: E-3 Certain Specialty Occupation Professionals from Australia, H-1B Specialty Occupations and Fashion Models, Extension of Post Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations, Fee Increase for Certain H-1B and L-1 Petitions (Public Law 114-113), Employment Authorization for Certain H-4 Dependent Spouses, L-1A Intracompany Transferee Executive or Manager, L-1B Intracompany Transferee Specialized Knowledge, O-1 Individuals with Extraordinary Ability or Achievement, O Nonimmigrant Classifications: Question and Answers, P-1B Member of Internationally Recognized Entertainment Group, P-2 Performer or Group Performing under Reciprocal Exchange Program, P-3 Artist or Entertainer Part of a Culturally Unique Program, Employment-Based Immigration: First Preference EB-1, Employment-Based Immigration: Second Preference EB-2, Employment-Based Immigration: Third Preference EB-3, Employment-Based Immigration: Fourth Preference EB-4, Employment-Based Immigration: Fifth Preference EB-5, Immigrant Pathways for STEM Employment in the United States, Nonimmigrant Pathways for STEM Employment in the United States, Immigrant Pathways for Entrepreneur Employment in the United States, Nonimmigrant or Parole Pathways for Entrepreneur Employment in the United States, WB Temporary Business Visitor under Visa Waiver Program, Automatic Employment Authorization Document (EAD) Extension, DHS Support of the Enforcement of Labor and Employment Laws, Employment Authorization in Compelling Circumstances, Options for Nonimmigrant Workers Following Termination of Employment, PM-602-0159, Matter of S- Inc., Adopted Decision 2018-02 (AAO Mar. A26. Theres a distinction between your visa stamp and your immigration status in the U.S. A9. The employer also enters this wage on the L.C.A. $750 for employers with oneto 25 full-time equivalent employees, unless exempt, $1,500 for employers with 26 or more full-time equivalent employees, unless exempt, $500 to be submitted with a request for initial H-1B status or with a request for a beneficiary already in H-1B status to change employers. What if I choose the wrong account type when I am creating a USCIS online account? If we selected your registration, you must indicate a start date ofOct. 1, 2023, or later (andsixmonths or less from the receipt date of the petition)on your petition. Once you identify an employer, you can expedite the process by opting for premium processing. This will result in the denial or revocation of both petitions. This chart shows registration and selection numbers for fiscal years 2021-2024 (as of April 24, 2023). Q28. 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. H1B Cap Exempt Rules | NNU Immigration No. USCIS has added duplicate checker functionality to the electronic registration process. Measures to Combat Fraud in the Registration Process. Note: It is your responsibility to ensure that Form I-129 is completed accurately and submitted properly. How do I find it? Our Perspective: H-1B Options If Not Selected in the FY 2024 Cap Yes. However, it is essential to note that the premium processing feature only expedites the speed at which the USCIS processes your I-129 petition. You will not be able to switch to a different account type yourself once you make an initial selection. Do you send the Form G-28 client passcode to the registrant? However, we will consider registrations as duplicates if the registrations are for the same prospective petitioners and the same prospective beneficiaries. 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. A25. What happens if the prospective employer with a selected registration puts an address on their registration but moves before they file their I-129 petition, such that the addresses on their registration and Form I-129 dont match? 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. 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. 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. He was in the U.S. on H-1B status from November 3, 2010, to December 5, 2016. (Non-profits that do not qualify: service, community, policy, and art organizations), Associate with the institution through shared ownership or board control, Act as a branch, member of the subsidiary. For more information about the H-1B program, visit ourH-1B Specialty Occupationswebpage. 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. For more information about the H-1B program, visit our H-1B Specialty Occupations webpage. A5. This blog post will summarize the procedure. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. Yes. In this article, we take a look at the candidates who are exempt from the H-1B cap.
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