No. During the registration period for the FY 2024 H-1B cap, USCIS saw a significant increase in the number of registrations submitted compared to prior years. Both representatives and registrants must wait until March 1 to create and submit H-1B registrations. Connected or affiliated with an institution of higher learning via shared ownership or control by the same board. 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? Q10. FY 2024 H-1B Initial Registration Period Updates Suppose an audit determines that you have a petition for two employers that are parents, subsidiaries, or affiliates of one another. 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". Using this check does not guarantee that you will not submit a duplicate. Note that the lottery stages are tiered, and USCIS will select not all companies to file a complete H-1B petition. Under the Higher Education Act of 1965, nonprofit colleges, and universities offering an associate's degree or higher are generally cap-exempt. 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. *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. One of the advantages of the H-1B cap-exempt processing time to regular processing time is that the H-1B lottery and season do not restrict cap-exempt status. 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. It will not check for duplicates within that draft or between drafts. How do I reset the password for my USCIS account or get technical support? Also, we recommend that attorneys and authorized individuals who work for the same company coordinate to eliminate duplicates before submitting their registrations. $750 for employers with oneto 25 full-time equivalent employees, unless exempt, $1,500 for employers with 26 or more full-time equivalent employees, unless exempt, $500 to be submitted with a request for initial H-1B status or with a request for a beneficiary already in H-1B status to change employers. USCIS has added duplicate checker functionality to the electronic registration process. A6. Institution of higher education Nonprofit research organizations or government research organization A non-profit organization associated/affiliated with a higher education institution We will reject H-1B petitions requesting a start date of As Soon As Possible or ASAP.. 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.. Registrant account This is the account that a prospective petitioner must create in order participate in the H-1B registration process, regardless of whether the prospective petitioner will be using an attorney or accredited representative to submit the registration. 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. Labor Condition Application (LCA) Specialty Occupations with the H-1B 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. Due to the current travel restrictions caused by the pandemic, it may be wise to consult with an H-1B lawyer before traveling without an approved H-1B amendment. Entering the same beneficiary more than once. Cap-Exempt H-1B Employment Clarified by DHS - The National Law Review If registering for the masters cap based on the expectation that the beneficiary will earn a qualifying advanced degree and the registration is selected under the masters cap, but the beneficiary does not obtain their qualifying advanced degree by the time of filing the cap-subject H-1B petition, is there a risk that USCIS will deny the cap-subject H-1B petition for that beneficiary? This will result in the denial or revocation of both petitions. They will need two separate accounts, one for each company. This includes 20,000 H1b visas for individuals holding a master's or higher degree. Q28. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. ABCs of Immigration: Cap-Exemption Strategies for the H-1B Visa Category H1B Cap Exempt Rules | NNU Immigration The attorney would then be able to send the registrations to the relevant authorized official for that submission. After USCIS chooses your position in the lottery, your company may retain a VisaNation Law Group attorney to complete the process. 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). 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. An exempt H-1B nonimmigrant is an H-1B worker who meets one of the following statutory standards: Receives $60,000 annual wages; or Has attained a master's or higher degree (or its equivalent) in a specialty related to the intended H-1B employment. USCIS plans to resume premium processing of other H-1B petitions as workloads permit. If you file your petition at the wrong location, we may reject it. If you create a new Form G-28, the system will generate a new passcode for the new Form G-28. H1b Cap Exempt Jobs Non-Profit H1B Visa - Herman Legal Group However, it is essential to note that the premium processing feature only expedites the speed at which the USCIS processes your I-129 petition. Q27. PDF FY 2024 H-1B Initial Registration Period Updates - uscis.gov