h1b cap exempt employers uscis

If you need other technical support, please call the USCIS Contact Center at 800-375-5283. 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. 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 . Note that the lottery stages are tiered, and USCIS will select not all companies to file a complete H-1B petition. Q16. 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 company would need to have the individuals at each office create their own registrant account for which they are authorized to sign. Upon reviewing my documents this new company said they cannot transfer my H1B because they are non cap exempt. 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. 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. 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. A4. You can find the H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement beginning on page 19 of Form I-129. Official websites use .gov If you are interested in a cap-exempt transfer and have a gap in employment we recommend taking advantage of the premium processing service. 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 start date should petitioners with a selected registration indicate on their Form I-129? As a registrant, can I delete my account? There are different fees depending on the type of H-1B petition you are submitting. You must file the petition with the correct USCIS service center. A nonprofit. Yes, as he has not used up his 6 years allowed on H-1B. If USCIS approves your amendment while youre traveling, your employer can forward it to you to use at the port of entry. 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. You cannot file it. 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. (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. Q28. To further illustrate what fees a company would be responsible for, heres an example of one tech companys fees: FundTech Company has 65 employees, and 70% of its employees are on H-1B visas. We do not refund the $10 fee if you delete a duplicate 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. A26. If you are an attorney and already have an existing legal representative account, your account will work with the H-1B electronic registration process. 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. 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? Employment with a cap-exempt employer may provide an alternative option to those foreign nationals not selected in the H1B lottery. H-1B workers performing labor or services in the Commonwealth of the Northern Mariana Islands (CNMI) and Guam may also be exempt from the H-1B cap (see the Consolidated Natural Resources Act of 2008 (CNRA), Public Law 110-229). A non-profit organization or entity is tax-exempt and either of the following under the IRS: section 501(c)(3), (c)(4), or (c)(6) (see 26 U.S.C. It does not change. Institution of higher education Nonprofit research organizations or government research organization A non-profit organization associated/affiliated with a higher education institution A21. As a legal representative, how will I know that the registrant has gone into the system and approved my Form G-28 and the H-1B registrations? The system will not prevent a representative and a registrant from both registering the same beneficiary. A helpful site is MyVisaJobs with their H-1B Visa Sponsor Database. (This fee does not apply to Chile/Singapore H-1B1 petitions.). You will need to use a new email address to set up the H-1B registrant account type. Ensure that any information provided during the electronic registration process matches the information provided on the petition. 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. You will also be able to submit Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative. By law, an H-1B holders spouse and dependents, children under 21 years old, can apply for H-4 status. Q27. Transferring to or from an H-1B Cap-Exempt Employer, O-1 Visa Lawyers All Your Need to Know in 2023. 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). This may have unfairly increased their chances of selection. You must file your petition with the correct service center, as indicated on your Registration Selection Notice. Just because you hold a bachelors degree does not guarantee that youre eligible for H-1B status. How should a registrant with a selected registration notify USCIS if they do not intend to file a petition? Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Please see the video below for instructions about setting up an attorney or representative account. 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. The DOL wage establishes and certifies the prevailing wage or the employers proposed wage, depending on which one is higher. For additional . We would invalidate only the duplicate registrations. If information between the registration and petition does not match, the petition may be rejected or denied. However, in some cases, you can file H-1B applications without going through the H-1B cap. 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. According to the DOL, the H-1B cap-exempt minimum wage is at least $60,000 in the calendar year. The employer also enters this wage on the L.C.A. No, it does not but the advantage is that it reduces processing time down to 15 days for a service fee of $2,500. However, it is essential to note that the premium processing feature only expedites the speed at which the USCIS processes your I-129 petition. (Note: USCIS encourages petitioners to keep Department of Labor LCA processing times in mind when preparing the H-1B petition and to plan accordingly.) Will the system generate a new one-time code that the legal representative sends to the registrant each time the legal representative goes into the system to view or edit the Form G-28? 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. You must also provide pay stubs as evidence of employment; however, it is possible to submit other documentation, i.e., a letter from the H-1B employer or a leave of absence letter. A24. 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. Even if using this check function, the burden is still on the registrant and their authorized attorney or representative, if applicable, to ensure that no duplicate registrations are submitted. Individual R.F.E.s can range between $500- $1600 depending on the cases circumstances. 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. In addition, we recommend that attorneys and authorized individuals who work for the same company communicate among themselves to eliminate duplicates before submitting their registrations. 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. If you decide to switch from an H-1B cap-exempt employer to one that is cap-subject, you may encounter a situation where a cap-subject employer will try and submit multiple registrations for you. A .gov website belongs to an official government organization in the United States. form. Petitioners must file at the location indicated on the H-1B registration selection notice, which may be different from the historical Form I-129 filing jurisdictions for cap cases. Theres a distinction between your visa stamp and your immigration status in the U.S. Click here if you want to learn more about H-1B cap exempt employers. Do not file petitions earlier than six months before the requested employment start date. Yes. If the employee works full-time, but for less than a year, they must get a prorated share of the $60,000. Since the registration was not properly submitted, the prospective petitioner would not be eligible to file a petition based on that registration in accordance with the regulatory language at 8 CFR 214.2(h)(8)(iii)(A)(1). A16. H-1B1 The H-1B1 visa is an option available to nationals of Chile and Singapore. A15. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. 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. 1. Q12. What are the advantages to an employer in hiring an exempt H-1B? For more information, please see the Unfairly Increasing Chances of Selection tab above. No. So, if they transfer from a cap-exempt to a cap-subject employer, they must enter the H1B cap lottery that the USCIS carries out if it receives more than 65,000 petitions for an H1B cap visa within the first five days. If the employee works full-time, but for less than a year, they must get a prorated share of the $60,000. Representatives who already have a representative account may use that account; they do not need to create a new account. For more information about the H-1B program, visit our H-1B Specialty Occupations webpage. Holdings, also submits a registration for Aryan for the same position. May an authorized signatory within the company, who is different from the authorized signatory who signed the H-1B electronic registration, sign the paper Form I-129? Cap-subject H-1B employers must pay the ACWIA education and training fee. Heres a case scenario to better illustrate the process: Maria Gonzalez is trying to determine if she would be eligible for cap exemption under H-1B. 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. When paying by check, please be sure to enter the bank routing number and bank account number accurately. Often finding an employer is the most time-consuming process. You can travel with it pending as long as there is a valid H-1B visa stamp and approved petition ready for your reentry. 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. This will result in the denial or revocation of both petitions. There are many instances of people wishing to transfer across employer exemption lines. The attorney can designate multiple authorized officials in a client company. Do I need to use a new email address to set up the H-1B registrant account? 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. 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. Q8. 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. A17. 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. During the registration period for the FY 2024 H-1B cap, USCIS saw a significant increase in the number . If you are an attorney or representative, view the video below for steps on how to submit registrations for your clients. There is no definitive database for cap exempt employers, unfortunately. 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 is a daily transaction limit for credit cards of $24,999.99 per credit card per day. However, Widget Inc.s parent company, A.B.C. If you previously held H-1B status and are outside the US, you may be eligible to have an Employer file a Cap Exempt H-1B petition for the remainder of your allowed time up to 3 years. 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. The H1b visa cap-exempt is limited to only certain US employers. Company X (non-exempt employer) decides to file an H-1B on her behalf. H-1B Cap-Exempt Non-Profit Organization Requirements. 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. 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. Or will the registrant use the same code that was generated at the initial creation of the Form G-28 each time they log in to review or edit it? A12. There is an error message that indicates an email mismatch or invalid passcode. - The agency selected 110,791 beneficiaries to reach the H-1B quota of 85,000, for an overall selection rate of 14.6%. 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. 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. 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 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. Entering the same beneficiary more than once. However, you can probably expect to receive a request for evidence, which could delay processing. To that end, USCIS also provides a tool to download a .csv file and search for duplicate entries. A31. It is your responsibility to submit valid payment. All supporting documentation to establish eligibility. If this two-year home country requirement doesnt apply to your situation, you could be eligible for H-1B status. Find out about different types of green cards in the U.S. You must submit evidence of the beneficiarys education credentials (with English translations when applicable) at the time you file your petition. 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. The initial registration period for a minimum of 14 calendar days each fiscal year. overall cost savings to petitioning employers and USCIS. Likewise, if USCIS approved an I-140, you can obtain an extension in three-year increments assuming the priority date isnt current. If your payment fails, we will attempt to notify you, but the burden will be on you to determine the status of your required payment. March 20: H-1B registration period closes at 5:00 p.m. Eastern. The new employer will enter you into the lottery based on the educational requirements of the position. Go to theForm I-129, Petition for a Nonimmigrant Worker web pagefor the current filing fee amount. Selections take place after the initial registration period closes, so there is no requirement to register on the day the initial registration period opens. 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. You must have a higher degree in that field and must be working for a cap-subject employer or a cap-exempt employer. Associate with a government organization or institution of higher education, it must: Be a non-profit entity. USCIS may deny a petition, or revoke a petition approval, based on a registration that contained a false attestation and was therefore not properly submitted. After the legal representative submits a registration, will the registrant be notified via email or by logging into their account? If the employer is also paying for benefits, they can not be counted towards the $60,000. H1B petitions filed by nonprofit research organizations or governmental research organizations, as defined in 8 CFR 214.2 (h) (19) (iii) (C), are exempt from the H1B cap. 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. An employer can apply for your H-1B visa even while youre living outside of the U.S. After its approved, you need to get an H-1B visa stamp at the U.S. Consulate or Embassy in your home county, and then you can legally enter the U.S. H-1B transfers are possible. A decent rule of thumb is if their website doesn't end with an .edu or .org, it's very likely they are not cap-exempt. Only these two account types will work with the H-1B electronic registration process. However, USCIS allows certain employers to sponsor H1b visas without being subject to the H1b cap. 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. While not required information if the beneficiary is outside the United States, you may include the beneficiarys passport number on Form I-129. Looking for U.S. government information and services? Registrations can be submitted and paid for until the registration period closes at noon Eastern on March 17, 2023. The status of registrations that are not selected as part of any initial random selection process, and not denied or invalidated, will remain as Submitted. Registrants and representatives that are not selected will not be notified until after USCIS has determined that they have reached the H-1B cap for that fiscal year. There are certain situations where you could extend your visa past the six-year limit, and those include if you filed your PERM Labor certification or I-140 at least 365 days prior, then you could get an H-1B extension in one-year increments. Q13. What if I choose the wrong account type when I am creating a USCIS online account? 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. 23, 2018) (PDF, 123.38 KB). The legal cost for them to handle that is $2,300, which includes responses on your behalf for any R.F.E.s requested by USCIS and any H-4 applications (for dependent members of H-1B holders to come to the U.S. to join their relative). Please choose the correct account typeH-1B Registrant or Legal Representative, as applicablewhen you create your account. 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. year 2024 H-1B numerical allocations (H-1B cap), including the advanced degree exemption . According to the DOL, the H-1B cap-exempt minimum wage is at least $60,000 in the calendar year. It does not increase your chances of USCIS selecting you for the lottery, and it does not make you cap-exempt. *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. To help with that, we also offer a tool to download a .csv file and search for duplicate entries. Tier 3: $500$1,500 will be the cost of a Request For Evidence (R.F.E.) However, to authorize their representation, the attorney would need to file a Form G-28 with the Form I-129 H-1B 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. An employer may file a cap-exempt H-1B petition for an employee if they previously held H-1B status in the U.S. and havent used their six years of status. You must provide a copy of the H-1B Registration Selection Notice for the registration filed by your organization on behalf of the beneficiary with the petition. My Case Scenario Jane Jane, a Venezuelan national, has degrees in Economics and Writing. Also, nonprofit research organizations which mainly engage in basic or applied research, governmental . 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. Registrants or their representative are required to pay the $10 non-refundable H-1B registration fee for each beneficiary before being eligible to submit a registration for that beneficiary for the H-1B cap. If you choose the wrong account type, you may use a new email address to create a new account in myUSCIS and choose the correct account type. The job itself has to require the degree and specialized skills you possess. Does the client need to provide only one company contact for all their offices? Yes, you can select premium processing while filing or, at a later time, upgrade to it after getting the receipt notice. It will not check for duplicates within that draft or between drafts. I work for one of the latter on a cap-exempt h1b. 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. 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. 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. However, the H-1B visa has an annual cap of 65,000. Both the client (prospective registrant) and attorney will need a USCIS online account for the H-1B electronic registration process. USCIS encourages the use of a brightly colored coversheet flagging the issue as away to ensure that this is reviewed upon receipt. For the H-1B visa holder to change employers, the new employer must submit an H-1B Visa Transfer petition with the USCIS. 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. Again, we need to reemphasize that all petitioners can complete the initial registration on their own accord. When you submit your registration(s), you must attest, under penalty of perjury, that all of the information contained in the submission is complete, true, and correct. A request to withdraw the first petition filed for the H-1B cap. Does a duplicate registration in a submission batch affect all registrations in the batch or only the duplicate registration? For example, Widget Inc. submits a registration for Aryan as a software engineer. Is there an appeal process for registrations that USCIS finds are invalid duplicates? 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.
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