Claiming cap exemption status is an effective way for employers to attempt to avoid the H-1B cap. The H-1B program is designed to allow US employers to hire foreign nationals to fill positions within the US workforce that are called "specialty occupations". Only these two account types will work with the H-1B electronic registration process. Another example is Siddhartha, an energy. 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. How should a registrant with a selected registration notify USCIS if they do not intend to file a petition? The legal representative will need to notify the registrant that the registration and Form G-28 were entered for the registrants review; or the registrant can see the registrations and Form G-28 by logging into their account. 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. Their application will need to demonstrate that their job qualifies as cap-exempt and meets the aforementioned criteria. A10. If the beneficiary is seeking an extension of stay or change of status, the petition should include evidence (such as a Form I-94 or Form I-797 approval notice) to establish that the beneficiary will have maintained a valid nonimmigrant status through the employment start date being requested. To that end, USCIS also provides a tool to download a .csv file and search for duplicate entries. If you are an attorney or representative, view the video below for steps on how to submit registrations for your clients. During the registration period for the FY 2024 H-1B cap, USCIS saw a significant increase in the number . A21. I work for one of the latter on a cap-exempt h1b. 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. According to the DOL, the H-1B cap-exempt minimum wage is at least $60,000 in the calendar year. A17. You can look up employers and find databases that match you to a suitable H-1B cap-exempt employer. The new employer will enter you into the lottery based on the educational requirements of the position. March 1: H-1B registration period opens at noon Eastern. This is because you will no longer be a cap-exempt candidate and have not been counted against the H-1B cap. Q30. 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. How does the attorney set them up as a client and allow the contact for each division to sign for submissions of employees in their division? The recall feature is available to the representative once the client has reviewed the registrations but before the client attempts to link to the representative account. The H1b visa cap-exempt is limited to only certain US employers. There are different fees depending on the type of H-1B petition you are submitting. If a petitioner has confirmation from the delivery service that the petition was delivered, but they have not yet received a Form I-797 confirming receipt of the petition, the petitioner should not submit a second petition. 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. USCIS makes an error and you file a petition to correct the error. 1. If you are a prospective petitioner (registrant), view the video below for steps on how to submit registrations without the use of an attorney or representative. In past years, the top H-1B visa occupations, according to myvisajobs.com, were software developers, computer analysts, operations research analysts, mechanical engineers, accountants and auditors, financial analysts and statisticians, and database administrators. Therefore the transfer could be filed whenever they wanted. We will reject H-1B petitions requesting a start date of As Soon As Possible or ASAP.. If you have previously been granted an H-1B cap exemption, then, according to USCIS guidelines, you will not be subject to the H-1B cap. Invalidated-Failed Payment:A registration was submitted but the payment method was declined, not reconciled, disputed, or otherwise invalid. However, it is essential to note that the premium processing feature only expedites the speed at which the USCIS processes your I-129 petition. He was in the U.S. on H-1B status from November 3, 2010, to December 5, 2016. Go to theForm I-129, Petition for a Nonimmigrant Worker web pagefor the current filing fee amount. Connected to higher learning institutions through the non-profit being a member, subsidiary, branch, or cooperative. 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. This exemption category is available to US employers that fall into one of four categories including: Institutions of higher education; You may not use an LCA for more workers than specified in Part B, Question 7 of the LCA. Similar to the H-1B, the H-1B1 requires that the position is a specialty occupation and that the applicant must have at least a bachelor's degree or higher. 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. Tier 3: $500$1,500 will be the cost of a Request For Evidence (R.F.E.) If you will be represented by an attorney or other accredited representative, submit a properly completed Form G-28, Notice of Entry of Appearance as Attorney or Representative. 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 bachelor's degree or higher in the specific specialty, or its equivalent. Q17. 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). The exception is if youre cap-exempt and moving to another cap-exempt employer. As previously announced, on March 27, 2023, USCIS received enough electronic registrations during the initial registration period to reach the FY 2024 H-1B numerical allocations (H-1B cap), including the advanced degree exemption also known as the masters cap. Passport numbers should help to avoid the scenario described in the question. 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. You must submit this fee with a request for initial H-1B status or a request for a beneficiary already in H-1B status to change employers. This will not affect petitions you may have with other unrelated employers. . If you do not, we will reject or deny your petition. Your registration data will be available in your account for 30 days from the date you last worked on your registrations. They will need two separate accounts, one for each company. For example, Widget Inc. submits a registration for Aryan as a software engineer. You must submit all registrations and payments successfully before noon Eastern, March 17, 2023, for consideration in the initial registration period selection process. 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. Feb. 21: Petitioners and registrants can begin creating H-1B registrant accounts at noon Eastern. 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. 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.
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