The cost for premium processing is $2,500. How to Find a Cap-Exempt H-1B Job | Nolo My Case Scenario Jane Jane, a Venezuelan national, has degrees in Economics and Writing. All petitioners must pay a base filing fee for each petition filed. H-1B Cap Exempt: Rules, Employers, and Process 2023-24 - VisaNation To that end, USCIS also provides a tool to download a .csv file and search for duplicate entries. Company X (non-exempt employer) decides to file an H-1B on her behalf. For more information about the H-1B program, visit our H-1B Specialty Occupations webpage. If you do not know your account number, this will not affect your H-1B registration. There is a minimum salary your employer must pay you as an H-1B worker. The H-1B visa program allows employers to temporarily employ foreign workers in the U.S. on a nonimmigrant basis in specialty occupations or as fashion models of distinguished merit and ability. - 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. 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. Options if Not Selected in the H1B Lottery - Murthy 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. How should a registrant with a selected registration notify USCIS if they do not intend to file a petition? 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. 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. However, USCIS allows certain employers to sponsor H1b visas without being subject to the H1b cap. Then the new job would not be subject to the H-1B cap. We do not refund the $10 fee for a removed registration. You cannot file it. The United States Citizenship and Immigration Services (USCIS) issues 85,000 h1b visas every year. Registrations can be submitted and paid for until the registration period closes at noon Eastern on March 17, 2023. 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. USCIS makes an error and you file a petition to correct the error. Even when using this check function, the representative and the registrant still are responsible for ensuring that they do not submit duplicate registrations. 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. Your immigration status dictates how long you can remain in the U.S. I work for one of the latter on a cap-exempt h1b. If your employer files your petition with premium processing and USCIS doesnt choose it in the lottery, USCIS will refund all fees. PDF FY 2024 H-1B Initial Registration Period Updates - uscis.gov 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 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. H-1B Status and the Cap Gap Extension | Study in the States - DHS 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. We will reject H-1B petitions requesting a start date of As Soon As Possible or ASAP.. However, if you do the registration, USCIS will deny your petition. If a registrant no longer wants their attorney involved, they can end the relationship with the representative, and the registrant will still be able to see all registration information in their own registrant account(s). I am writing to confirm that ABC Solutions Inc. employee Mr. Rajesh Singh will be performing Software Engineering duties on a project for Acme Inc. as . USCIS Releases FY24 H-1B Initial Registration Data 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. 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. They will need two separate accounts, one for each company. You will need to use a new email address to set up the H-1B registrant account type. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid. For additional information, please see 8 CFR 214.2(h)(2)(i)(G); PM-602-0159, Matter of S- Inc., Adopted Decision 2018-02 (AAO Mar. The petition would be for the remainder of the employees allowed time in the U.S.. For example, an employee named Juan Valdez was in the U.S. on H-1B status from February 15, 2003, to December 1, 2006. 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. The 15-days guaranteed processing period begins when USCIS receives Form I-907, Request for Premium Processing Service. The system will not prevent a representative and a registrant from both registering the same beneficiary. Q33. Your visa is simply a travel document. H1B Cap Exempt Rules | NNU Immigration H1B Cap Exempt Employers: How Do You Find Out If You Qualify? - LinkedIn Another benefit is that you can bring spouse and children under the H4 visa, you can port your status from one employer to another during and there are other advantages that may be unique to your situation. Feb. 21: Petitioners and registrants can begin creating H-1B registrant accounts at noon Eastern. If the representative entered an incorrect email address for the registrant, the representative could recall the Form G-28 by clicking the Recall G-28 for edits button at the bottom of the account homepage. If payment is completed with a credit card or debit card, the status of the registration in the system will indicate submitted following completion of the Pay.gov payment process. Looking for U.S. government information and services? H-1B1 The H-1B1 visa is an option available to nationals of Chile and Singapore. Q8. 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). USCIS Memo On H-1B Cap Exemption Under AC21 AC21 [codified at INA 214 (g) (5) (A)- (B)] exempts the following petitioners from the H-1B cap: Institutions of higher education Nonprofit entities related to or affiliated with an institution of higher education Nonprofit research organizations Governmental research organizations According to the DOL, the H-1B cap-exempt minimum wage is at least $60,000 in the calendar year. Measures to Combat Fraud in the Registration Process. 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. Do I need to use a new email address to set up the H-1B registrant account? As a registrant, can I delete my account? Please read the filing instructions carefully. However, we will consider registrations as duplicates if the registrations are for the same prospective petitioners and the same prospective beneficiaries. If USCIS approves your amendment while youre traveling, your employer can forward it to you to use at the port of entry. This post will explore a range of H-1B cap-exempt topics, including H-1B cap-exempt jobs, requirements, H-1B cap-exempt employers, minimum wage, H-1B cap-exempt employers, and more. There are many instances of people wishing to transfer across employer exemption lines. Please see the video below for instructions about setting up an attorney or representative account. Only those with selected registrations are eligible to file H-1B cap-subject petitions. You will also be able to submit Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative. Yes, you will need to create a new account. An H-1B transfer allows individuals with H-1B visa status or previous H-1B visa status to transfer to a different employer. Form G-28, Notice of Entry of Appearance as Attorney or Representative. You may not use an LCA for more workers than specified in Part B, Question 7 of the LCA. Does the client need to provide only one company contact for all their offices? 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. It is your responsibility to submit valid payment. Additionally, the employer must indicate that they are not displacing U.S. applicants by hiring a foreign worker. In addition, the IRS should approve the non-profit as a tax-exempt organization for research or educational services by the I.R.S. 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.