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. 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? It is a dual intent visa which means you can pursue legal permanent residency while under this status. Registrants must provide the passport numbers or affirmatively indicate that the beneficiary does not have a passport number. Ensure that the petition is properly signed. Selections take place after the initial registration period closes, so there is no requirement to register on the day the initial registration period opens. If the employee works full-time, but for less than a year, they must get a prorated share of the $60,000. The H-1B cap-exempt processing time varies from case to case but is on average six months. page. A helpful site is MyVisaJobs with their H-1B Visa Sponsor Database. The H1b visas are issued in limited numbers to control the net migration of skilled labor in the US market. 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. 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. Even if the attorney submitted a Form G-28 to represent a registrant for the registration process, they would still need to submit a new Form G-28 with the Form I-129 petition. Also, nonprofit research organizations which mainly engage in basic or applied research, governmental . Cap-exempt employers do not need to pay this fee. Q9. 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. Our system will not separately notify the registrant. There is an error message that indicates an email mismatch or invalid passcode. You must file the petition with the correct USCIS service center. While not required information if the beneficiary is outside the United States, you may include the beneficiarys passport number on Form I-129. 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.. Q28. 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). Q18. This will result in the denial or revocation of both petitions. The prohibition on an employer or related entities filing multiple H-1B cap petitions for the same beneficiary has not changed. An H1B worker who is working in the U.S. for a cap-exempt employer and has not previously been chosen in the H1B Cap can concurrently work for a cap-subject employer. If you create a new Form G-28, the system will generate a new passcode for the new Form G-28. 1. A1. Ensure that the Labor Condition Application (LCA) properly corresponds to the position in your petition. Connected or affiliated with an institution of higher learning via shared ownership or control by the same board. overall cost savings to petitioning employers and USCIS. The attorney would then be able to send the registrations to the relevant authorized official for that submission. This morning, the U.S. The H-1B visa holder will have to file an H-1B petition to the USCIS via their new employer to work both jobs. Whats more, an employer can employ a foreign worker sooner than they usually would. A29. To review the steps on how to create an online account, sign into your account, or complete an H-1B registration with USCIS, visit theH-1B Electronic Registration Processpage. For more information about the H-1B program, visit ourH-1B Specialty Occupationswebpage. 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. This temporary increase is in response to stakeholder feedback and the volume of previous H-1B registrations that exceeded the daily credit card limit. Yes, they may. A20. Q22. 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. However, the prospective petitioner (registrant) at the registration stage must match the petitioner at the Form I-129 stage. Citizenship and Immigration Services (USCIS) released data relating to the FY24 H1B registration lottery in an eMail to stakeholders and on its H1B Electronic Registration Process website.While the USCIS announced on March 27, 2023, that enough initial registrations were submitted to the fiscal year 2024 (FY24) H1B cap, including the advanced degree exemption (master's . 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? The best person who can determine this is a qualified immigration lawyer. Please see the steps outlined in the Tips for Filing Forms Online page to see if your account qualifies. A registrants USCIS online account will show one of the following statuses for each registration: H-1B cap-subject beneficiaries, including those eligible for the advanced degree exemption, must have a valid Selected registration notification for that specific fiscal yearin order fora registrant or representative to properly file an H-1B cap-subject petition. 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? 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. Q31. Using this check does not guarantee that you will not submit a duplicate. 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. 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. You will not be able to switch to a different account type yourself once you make an initial selection. A32. The initial registration period for FY 2024 will open at noon Eastern on March 1 and run through noon Eastern on March 17. 23, 2018). No. A11. Not Selected:Not selected not eligible to file an H-1B cap petition based on this registration. Transferring to or from an H-1B Cap-Exempt Employer, O-1 Visa Lawyers All Your Need to Know in 2023. We will reject all petitions submitted with the incorrect filing fee. No. H-1B specialty occupations may include fields such as architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts. A nonprofit research organization is an organization that is primarily engaged in basic research and/or applied research. Fortunately, the H-1B applies to many occupations, including those in the sciences, engineering, business administration, and more. A nonprofit. Will I be able to change it to the correct account type later? The electronic registration process streamlines processing by reducing paperwork and dataexchange, and provides overall cost savings to employers seeking to file H-1B cap-subject petitions. Only the U.S. employer can file on your behalf. 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. According to the DOL, the H-1B cap-exempt minimum wage is at least $60,000 in the calendar year. Include a copy of the beneficiarys valid passport. The checking account information (routing and account number) must be from a financial institution located in the United States; or. As such, when it comes to H1B nonimmigrant visas, unless an employer is H1B cap exempt . 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. Registrants submitting their own registrations will enter their company information as part of their first H-1B registration. If you do not, we will reject or deny your petition. Q24. If youre seeking an H-1B transfer, speak with an H-1B lawyer at VisaNation Law Group first. response, should one later be issued on the case. 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. 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. Q6. Petitioners may not file multiple or duplicative H-1B petitions for the same beneficiary. You have until March 17, while the initial registration period is still open, to log into your account, review all of your H-1B registrations, and delete any duplicate registrations. The company would need to have the individuals at each office create their own registrant account for which they are authorized to sign. Furthermore, we would consider a registration to not be properly submitted if it contained an attestation that 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). 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. Only those with selected registrations are eligible to file H-1B cap-subject petitions. 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. An H-1B transfer allows individuals with H-1B visa status or previous H-1B visa status to transfer to a different employer. 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. This may have unfairly increased their chances of selection. Unlike the regular and advanced degree categories, the H-1B cap exempt category does not have a set quota or annual limit. For further information on Form G-28, please see our Filing Your Form G-28 page. If information on the registration and petition does not match, USCIS may reject or deny the petition. If you need other technical support, please call the USCIS Contact Center at 800-375-5283. Alternatively, there are a few instances where the registrant or legal representative account may be deleted. A5. Employment with a cap-exempt employer may provide an alternative option to those foreign nationals not selected in the H1B lottery. 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. 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). 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. Unlike registrants, representatives enter information about their law firm or organization as part of setting up an account. H-1B visa is a non-immigrant visa that permits a US company to hire workers in specialty occupations . This means an F-1 student filing for H1-B status on April 1 with a benefit start date of Oct. 1 may qualify for an extension of status and/or employment authorization. There are many instances of people wishing to transfer across employer exemption lines.

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