News & Insights

Important updates on H-1B Electronic registration for FY 2021

USCIS held a webinar on 02/06/20 for Employers wishing to file online registrations directly.  Today USCIS held a further webinar, specifically for Attorneys.  Below were the main points that were discussed in both webinars:

Filing a registration:

  • If an employer intends to use an Attorney to submit the Electronic registrations, both the Attorney and the Employer will need to set up myUSCIS accounts. These accounts will be linked allowing Employers to view and approve the registrations prior to the Attorney submitting them. The Employer’s H-1B registrant account is different from a USCIS account created for other online petitions;
  • Information about setting up an account can be accessed via the Electronic reading room on the USCIS website: USCIS Instructions for Registrants ;
    • In regards to the “Account Type” please be sure that you select “I am an H-1B registrant.” This setting cannot be changed after the account is created and is imperative to complete the pre-registration.
  • Employers will not be able to set up an account until February 24, 2020 at 10amEST;
  • Once an Attorney has entered the registration for a Beneficiary, they can generate a passcode which will allow employers to access the registrations from their own myUSCIS account and approve the G-28 and the registration. The authorized signatory will confirm that all the information is accurate, true and complete;
  • Although there is no limit on the number of beneficiaries that can be filed for, a maximum of 250 beneficiaries may be included on each registration;
  • There is a $10.00 registration fee per beneficiary;
  • If an employer files multiple registrations for the same beneficiary, all registrations will be deemed to be invalid and will be deleted from the selection. It is therefore crucial that employers and Attorneys ensure that no single beneficiary is listed more than once.  If an employer notices that a beneficiary has been added more than once they can delete the duplications before the registration comes to an end;
  • The registration will not require the job title or any information about the specialty occupation; and
  • The registration period will open at 12 noon EST on March 1 and will close at 12 noon EST on March 20.

Once the petition has been selected in the H-1B lottery:

  • Shortly after the registration closes USCIS will evaluate the number of registrations received and will run the electronic lottery and notify selected applicants by e-mail no later than March 31. Applicants will be selected at random;
  • The lottery for the Master’s cap will be run first followed by the Bachelor’s cap;
  • A copy of the selection notice will need to be included on top of the filed I-129 petition;
  • Selected petitions may be filed starting April 1 for a period of 90 days;
  • USCIS has not announced if Premium Processing will be available for submitted petitions;
  • USCIS encourages the Petitioner to submit separate checks for the filing fee, fraud fee and training fee. If one check is submitted and for example the training fee is incorrect then the whole petition will be rejected;
  • If a beneficiary leaves an employer between registration and the filing of the petition, although there is no requirement to notify USCIS, a letter can be submitted to USCIS notifying them of the change in circumstances; and
  • If related companies file for the same beneficiary this will be picked up at the filing stage. If two related companies file for the same end client location, this will result in a denial for all applications. 

 

For further information about the H-1B registration process please contact our Senior Immigration Attorney, Chris Prescott at cprescott@patellegal.com

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