For instance, a former client of VisaNation Law Group was employed in the U.S. from January 2003 to November 2006. A30. 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. Connected to higher learning institutions through the non-profit being a member, subsidiary, branch, or cooperative. Q23. Preferred order of documents at time of submission: If you will include multiple petitions in the same package, please place the individual petitions into separate envelopes within the package. If you create a new Form G-28, the system will generate a new passcode for the new Form G-28. There is an error message that indicates an email mismatch or invalid passcode. The last thing you want to do is submit transfer documents and have them denied because of errors on your part. We will reject H-1B petitions requesting a start date of As Soon As Possible or ASAP.. If USCIS selects your petition, you can begin working for the cap-subject employer simultaneously. We do not refund the $10 fee if you delete a duplicate registration. 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. This will result in the denial or revocation of both petitions. 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. 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. You can travel with it pending as long as there is a valid H-1B visa stamp and approved petition ready for your reentry. 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. 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. 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. Connected or affiliated with an institution of higher learning via shared ownership or control by the same board. After they select I am an H-1B registrant account type, registrants will not be able to add additional information until the initial registration period opens. Where should a petitioner with a selected registration file their Form I-129 and supporting documentation? To ensure fair and orderly distribution of available H-1B visas, we will deny or revoke multiple or duplicative petitions filed by an employer (including its related entities) for the same H-1B worker and will not refund the filing fees. Petitioners may not file multiple or duplicative H-1B petitions for the same beneficiary. Form I-129, Petition for a Nonimmigrant Worker, H Classification Supplement to Form I-129, H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement. See the Tips for Filing Forms Online webpage for information on how to delete your account. 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. After its submitted, youll need to wait to hear whether USCIS has approved it. If you are interested in a cap-exempt transfer and have a gap in employment we recommend taking advantage of the premium processing service. Will the system prevent the representative and the registrant from both entering the same beneficiary? A request to withdraw the first petition filed for the H-1B cap. This type of letter is usually required by USCIS to provide evidence of the employer/employee relation based on the rules in the January 8, 2010 Neufeld memo. During the registration period for the FY 2024 H-1B cap, USCIS saw a significant increase in the number . Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. USCIS plans to resume premium processing of other H-1B petitions as workloads permit. 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. He will indeed be able to recapture the remaining 3 years on the H-1B without having to go through the lottery. Ensure that you have also entered the corresponding Beneficiary Confirmation Number on the H Classification Supplement (Page 13, Question 5). You may also use ouronline form,but you will get faster service by calling. H-1B Cap Season | USCIS This chart shows registration and selection numbers for fiscal years 2021-2024 (as of April 24, 2023). We will remove all registrations submitted for the beneficiary by, or on behalf of, that prospective petitioner from the selection process. Transferring to or from an H-1B Cap-Exempt Employer, O-1 Visa Lawyers All Your Need to Know in 2023. 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. Generally, we saw an increase in the number of registrations submitted, the number of registrations submitted on behalf of beneficiaries with multiple registrations, and the number of registrations submitted on behalf of unique beneficiaries with only one registration. Only those with selected registrations are eligible to file H-1B cap-subject petitions. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. All petitioners must pay a base filing fee for each petition filed. 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. Candidates Inside The U.S. 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. Also, review the country of birth and citizenship and the I-94 number (if applicable) for accuracy. 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. Also, nonprofit research organizations which mainly engage in basic or applied research, governmental . Once you identify an employer, you can expedite the process by opting for premium processing. H-1B1 The H-1B1 visa is an option available to nationals of Chile and Singapore. Everything You Need to Know 2nd Concurrent H1B Do I need to use a new email address to set up the H-1B registrant account? This will not affect petitions you may have with other unrelated employers. Q14. Q11. 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. 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. Under this process, prospective petitioners (also known as registrants), and their authorized representatives, who are seeking to employ H-1B workers subject to the cap, complete a registration process that requires basic information about the prospective petitioner and each requested worker. In that case, USCIS will revoke all of your petitions from the related employers. 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. For more information about the H-1B program, visit ourH-1B Specialty Occupationswebpage. 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. 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. If youre seeking an H-1B transfer, speak with an H-1B lawyer at VisaNation Law Group first. 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. Please be sure to complete all required sections of the form accurately and in accordance with the regulations and the form instructions. Concurrent employment for a cap-subject and cap-exempt employer A15. 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. If you have incurred a gap in employment (ceased employment with an H-1B employer before transfer), it is advised to file premium processing. 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. No. Q15. You must file your petition with the correct service center, as indicated on your Registration Selection Notice. 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.. You will not be able to switch to a different account type yourself once you make an initial selection. 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. - USCIS received a record 758,994 eligible registrations for the FY 2024 H-1B cap season - a 60% increase over last year's eligible registration pool. 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.

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