h1b cap exempt employers uscis

AC21 Series: New Ways for Nonprofits to Claim Exemption from - SHRM 2) You have not used your 6 years of H-1B status. We do not refund the $10 fee if you delete a duplicate registration. 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. Based on evidence from the FY 2023 and FY 2024 H-1B cap seasons, USCIS has already undertaken extensive fraud investigations, denied and revoked petitions accordingly, and is in the process of initiating law enforcement referrals for criminal prosecution. If one person is the authorized signatory for two separate companies, could this person use their email with different domain names to set up a registrant account and submit registrations for the two companies? No. The H-1B visa is intended for foreign professionals who are hired by U.S. employers for their skills and expertise in a specialized occupation. H1B Cap Exempt Employers: Find Out If You Qualify? - VisaPro NewsFlash! USCIS Releases FY24 H1B Registration Numbers and Raises H1B Transfer: How To Change Jobs about an H1B Permit You can look up employers and find databases that match you to a suitable H-1B cap-exempt employer. - The agency selected 110,791 beneficiaries to reach the H-1B quota of 85,000, for an overall selection rate of 14.6%. USCIS encourages the use of a brightly colored coversheet flagging the issue as away to ensure that this is reviewed upon receipt. Go to theForm I-129, Petition for a Nonimmigrant Worker web pagefor the current filing fee amount. This chart shows registration and selection numbers for fiscal years 2021-2024 (as of April 24, 2023). Those are petitions filed on behalf of cap-exempt candidates and those filed by cap-exempt employers. Will I be able to change it to the correct account type later? Petitioners should enter their own address in Part 1, question 3 of the Form I-129. Measures to Combat Fraud in the Registration Process. 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. Looking for U.S. government information and services? If there is a typo on the registration in comparison to the Form I-129, will USCIS reject the Form I-129 petition? Whats more, an employer can employ a foreign worker sooner than they usually would. For more information, please see the Unfairly Increasing Chances of Selection tab above. Company X files the petition and submits proof that she will perform tasks similar to those an employee of the medical research facility would be in accordance with their mission. Report suspected immigration benefit fraud and abuse to USCIS through our online tip form. A25. Q31. Evidence of Beneficiarys Educational Background. 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. 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). 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 have incurred a gap in employment (ceased employment with an H-1B employer before transfer), it is advised to file premium processing. 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. You would be able to delete the registration for the beneficiary that contained the error without affecting the rest of the batch submission. 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. What is the earliest date I can start drafting registrations? Suppose an audit determines that you have a petition for two employers that are parents, subsidiaries, or affiliates of one another. 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. The attorney can designate multiple authorized officials in a client company. March 1: H-1B registration period opens at noon Eastern. Claiming cap exemption status is an effective way for employers to attempt to avoid the H-1B cap. The new employer has filed a non-frivolous Petition for a Nonimmigrant Worker (Forms I-129/ I-129W) for the employment of the H-1B worker before the date of expiration of the workers authorized period of stay; and, The new employer has submitted, along with its petition, an unexpired, approved Labor Condition application (LCA) covering the same work that the individual is being hired to perform. H1B Cap Exempt Employers: How Do You Find Out If You Qualify? - LinkedIn Yes. Completely operated by the higher learning institution. You will not be able to switch to a different account type yourself once you make an initial selection. For more information about the H-1B program, visit ourH-1B Specialty Occupationswebpage. This temporary increase is in response to stakeholder feedback and the volume of previous H-1B registrations that exceeded the daily credit card limit. 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 will deny or revoke multiple or duplicative petitions filed by the same petitioner, for the same H-1B worker in the same fiscal year, and will not refund the filing fees. USCIS allots an additional 20,000 petitions to individuals holding advanced degrees at a masters level or beyond. A33. 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. You must submit all registrations and payments successfully before noon Eastern, March 17, 2023, for consideration in the initial registration period selection process. If, in the past, you were under H-1B status and are currently outside of the U.S., you might qualify to have an employer file a cap-exempt petition. Due to the current travel restrictions caused by the pandemic, it may be wise to consult with an H-1B lawyer before traveling without an approved H-1B amendment. 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. USCIS plans to resume premium processing of other H-1B petitions as workloads permit. If you need other technical support, please call the USCIS Contact Center at 800-375-5283. Only the U.S. employer can file on your behalf. Using this check does not guarantee that you will not submit a duplicate. However, it is essential to note that the premium processing feature only expedites the speed at which the USCIS processes your I-129 petition. The initial registration period for FY 2024 will open at noon Eastern on March 1 and run through noon Eastern on March 17. He was in the U.S. on H-1B status from November 3, 2010, to December 5, 2016. 23, 2018). Q15. A17. To reset your password, please visit the Forgot Your Password page on our website. Ensure that the Labor Condition Application (LCA) properly corresponds to the position in your petition. The existing applicant account type will not work for H-1B electronic registration. Each registration is for a single beneficiary. If we select a registration under the advanced degree exemption (under INA 214(g)(5)(C)) because the beneficiary has earned, or will earn prior to the filing of the petition, a masters or higher degree from a U.S. institution of higher education, the beneficiary must be eligible for the advanced degree exemption at the time of filing Form I-129, Petition for a Nonimmigrant Worker. Moreover, according to USCIS, the ACWIA fee is also not required when: 2023 VisaNation, Inc. All Rights Reserved. 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. This may include a copy of the signed, certified LCA. 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. Attorney/representative account If you are an attorney or accredited representative (legal representative) submitting H-1B registrations on behalf of a prospective petitioner, select this option. According to the U.S. Department of Labor (DOL), The portability provision is intended to preserve the legal status of an H-1B nonimmigrant who is already in the U.S.. Portability allows the employed H-1B worker to enter into employment with a new employer provided that: If you already have a cap-exempt job and want to transfer to a different job that also is cap-exempt, then you can file an H-1B transfer at any point and begin the new position after the H-1B transfer filing has been submitted to USCIS. We have specific mailing addresses for cases that are subject to the H-1B cap. The employee cannot do so on his/her welfare. 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. Within that period, USCIS will either approve, issue a denial notice, notice of intent to deny, or request for evidence for your case. For example, Widget Inc. submits a registration for Aryan as a software engineer. 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. 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. 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 . They will need two separate accounts, one for each company. 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 Holland & Knight alert sets forth some common alternative immigration options for employers that have critical employees whose registrations were not selected in the lottery. Q26. He would also not be eligible because he used up his six years, so he also would need to file in the next H-1B lottery season. If your payment initially fails or is canceled before it can be processed on Pay.gov, you will see a payment failure notification on the screen and your registration will not be submitted. Historically, employers filed their full, and often voluminous, H-1B cap-subject petitions . 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. However, we will consider registrations as duplicates if the registrations are for the same prospective petitioners and the same prospective beneficiaries. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. *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. The best person who can determine this is a qualified immigration lawyer. 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. year 2024 H-1B numerical allocations (H-1B cap), including the advanced degree exemption . 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. If the worker transfers from a cap-exempt employer to a cap-subject employer, they will have to undergo the H1B lottery . Form G-28, Notice of Entry of Appearance as Attorney or Representative. 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? Q24. 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. We would not consider such registrations duplicates. A12. The unique code generated when you create the Form G-28 remains on your homepage. This is also true if one of the registrations submitted in a batch contains an error. Secure .gov websites use HTTPS 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. 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 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. A petitioner is eligible to refile their rejected petition as long as it is refiled within the designated 90-day filing window. If you do not know your account number, this will not affect your H-1B registration. usavisanow.com - Immigration Law Office of Eran Regev, Esq. Using this check does not guarantee that you will not submit a duplicate. An H-1B transfer allows individuals with H-1B visa status or previous H-1B visa status to transfer to a different employer. If we cannot determine that the petitioning entity is the same as the prospective petitioner identified on the selected registration, we may reject or deny the petition. PDF FY 2024 H-1B Initial Registration Period Updates - uscis.gov I work for one of the latter on a cap-exempt h1b. USCIS Memo On H-1B Cap Exemption Under AC21 | NAFSA Also, we recommend that attorneys and authorized individuals who work for the same company coordinate to eliminate duplicates before submitting their registrations. The exception is if youre cap-exempt and moving to another cap-exempt employer. Connected to higher learning institutions through the non-profit being a member, subsidiary, branch, or cooperative. Premium processing is currently available for all H-1B petitions. Unlike the regular and advanced degree categories, the H-1B cap exempt category does not have a set quota or annual limit. Only way to verify is to ask their HR department. 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? A28. Representatives who already have a representative account may use that account; they do not need to create a new account. Find out about different types of green cards in the U.S. Everything You Need to Know 2nd Concurrent H1B 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. Q7. Note: It is your responsibility to ensure that Form I-129 is completed accurately and submitted properly. Like the H1B visa transfer procedure, you can be eligible for work as soon as all fees are paid and the USCIS receives . Q11. However, you can probably expect to receive a request for evidence, which could delay processing. Will both the attorney and the client (prospective registrant) need to create a USCIS online account for the H-1B electronic registration process? 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. Therefore the transfer could be filed whenever they wanted. 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. In that case, USCIS will revoke all of your petitions from the related employers. Q27. A21. 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. H-1B status, youll need the new employer to file a petition on your behalf. H-1B Cap Season | USCIS What happens if a legal representative submits a registration but then stops representing the registrant? A32. The H-1B visa transfer qualifications are as follows: While it varies in some cases, processing for an H-1B transfer typically takes four to eight months after submitting the application to USCIS. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. 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. Note that if USCIS selects your petition, your work start date is no earlier than October 1, 2022, just like any other applicant. One of the most popular options is to apply for positions at companies that are exempt from this year's cap. 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). 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. How to Find a Cap-Exempt H-1B Job | Nolo The checking account information (routing and account number) must be from a financial institution located in the United States; or. Please choose the correct account typeH-1B Registrant or Legal Representative, as applicablewhen you create your account. 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. H-1B Cap-Exempt Non-Profit Organization Requirements. 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? If youre seeking an H-1B transfer, speak with an H-1B lawyer at VisaNation Law Group first. 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. Concurrent employment for a cap-subject and cap-exempt employer 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. Transferring to or from an H-1B Cap-Exempt Employer, O-1 Visa Lawyers All Your Need to Know in 2023. This temporary increase is in response to stakeholder feedback and the volume of previous H-1B registrations that exceeded the daily credit card limit. USCIS makes an error and you file a petition to correct the error. 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 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. After its submitted, youll need to wait to hear whether USCIS has approved it. 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. Employment with a cap-exempt employer may provide an alternative option to those foreign nationals not selected in the H1B lottery. You can find the H Classification Supplement beginning on page 13 of Form I-129. Q16. (Note: USCIS encourages petitioners to keep Department of Labor LCA processing times in mind when preparing the H-1B petition and to plan accordingly.) Both the client (prospective registrant) and attorney will need 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. Make sure you are filing a valid edition of Form I-129, as specified in the Edition Date section on the, An explanation as to why a second petition is being filed, with supporting evidence, such as the notice from the delivery service; and. Share sensitive information only on official, secure websites. Theres a distinction between your visa stamp and your immigration status in the U.S. Q13. A24. Include a copy of the beneficiarys valid passport. 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. In order to submit an H-1B registration, you must first create a USCIS online account. We will remove all registrations submitted for the beneficiary by, or on behalf of, that prospective petitioner from the selection process. Share sensitive information only on official, secure websites. 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. Fortunately, the H-1B applies to many occupations, including those in the sciences, engineering, business administration, and more. Q9. The large number of eligible registrations for beneficiaries with multiple eligible registrations - much larger than in previous years has raised serious concerns that some may have tried to gain an unfair advantage by working together to submit multiple registrations on behalf of the same beneficiary. Official websites use .gov The prohibition on an employer or related entities filing multiple H-1B cap petitions for the same beneficiary has not changed. Holdings, also submits a registration for Aryan for the same position. However, the H-1B visa has an annual cap of 65,000. This check will compare the beneficiaries listed in the draft with any registrations previously submitted during this registration period. 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 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 would invalidate only the duplicate registrations.

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