H-1B Visa | Chetan TM

H-1B Visa

What is H-1B Visa ? H-1B Electronic Registration Visa Details. About US H1B Visa. Brief Details about H1B Visa

What is H-1B Visa?

The H-1B is a visa in the United States under the Immigration and Nationality Act, section 101 that allows U.S. employers to temporarily employ foreign workers in specialty occupations
H-1B Electronic Registration Frequently Asked Questions

Is there an appeal process for registrations that USCIS finds are invalid duplicates?
  • Registrations that we find are duplicates will be invalid. A registrant will not be able to appeal our finding that the registrations are duplicates.

If registering for the master’s cap based on the expectation that the beneficiary will earn a qualifying advanced degree and the registration is selected under the master’s 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?
  • 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 master’s 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 we select the beneficiary under the advance degree exemption and the beneficiary has not earned a qualifying master’s or higher degree from a U.S. institution of higher education at the time of filing the petition, we will deny or reject the petition.

What happens if the prospective employer with a selected registration puts an address on their registration but moves before they file their I-129 petition, such that the addresses on their registration and Form I-129 don’t match?
  • 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. If we cannot determine that the petitioning entity is the same as the prospective petitioner identified on the selected registration, we may reject or deny the petition.

What start date should petitioners with a selected registration indicate on their Form I-129?
  • If we selected your registration, you must indicate a start date of Oct. 1, 2023, or later (and six months or less from the receipt date of the petition) on your petition. If you do not, we will reject or deny your petition.

If there is a typo on the registration in comparison to the Form I-129, will USCIS reject the Form I-129 petition?
  • Although we will not automatically reject the Form I-129 petition for typos on the selected registration in comparison with the Form I-129, the burden is on the registrant/petitioner to confirm that all registration and petition information is correct and to establish that the H-1B cap petition is based on a valid registration submitted for the beneficiary named in the petition and selected by USCIS.

Will the H-1B registration system affect how USCIS handles the prohibited filing of multiple H-1B petitions for the same beneficiary by related entities?
  • The prohibition on an employer or related entities filing multiple H-1B cap petitions for the same beneficiary has not changed. Our handling of multiple H-1B cap petitions is consistent with 8 CFR 214.2(h)(2)(i)(G) and Matter of S- Inc., Adopted Decision 2018-02 (AAO Mar. 23, 2018).

Where should a petitioner with a selected registration file their Form I-129 and supporting documentation?
  • 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. We have updated our Direct Filing Addresses for Form I-129, Petition for a Nonimmigrant Worker, webpage to show that petitioners must file at the service center listed on their selection notice.

What happens if a legal representative submits a registration but then stops representing the registrant?
  • It is up to the representative and registrant to ensure that the registrant maintains access to submissions made for them and any updates related to those submissions. 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). However, the registrant will not be able to add a new attorney or representative to H-1B registrations prepared or submitted by the previous attorney.

If a prospective petitioner submits registrations for unrelated beneficiaries who happen to have the same name, date of birth, and no passport numbers, would USCIS consider those registrations duplicates?
  • Yes. 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. Registrants must provide the passport numbers or affirmatively indicate that the beneficiary does not have a passport number. Passport numbers should help to avoid the scenario described in the question. We analyze the data of submitted registrations for fraud trends, and we may refer registrants who abuse or attempt to abuse the system to federal law enforcement agencies for investigation and further action.

Will the system prevent the representative and the registrant from both entering the same beneficiary?
  • The system will not prevent a representative and a registrant from both registering the same beneficiary. However, we added duplicate checker functionality to the electronic registration process. Before you submit your registration(s), you can check whether 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. Using this check does not guarantee that you will not submit a duplicate. This check will compare the beneficiaries listed in the draft with any registrations previously submitted during this registration period. It will not check for duplicates within that draft or between drafts. Even when using this check function, the representative and the registrant still are responsible for ensuring that they do not submit duplicate registrations. To help with that, we also offer a tool to download a .csv file and search for duplicate entries. 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.

I am a legal representative submitting the H-1B registration online, and the Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, asks if I have an online account and what my account number is. How do I find it?
  • If you have paper-filed cases that are eligible to be added to your online account, your USCIS notices for those cases should include your online account number. If you do not know your account number, this will not affect your H-1B registration. You can click “No” to this question and move on to the next question.

If I have an existing applicant myUSCIS account, do I have to create an H-1B registrant account? What happens to my old account? Do I need to use a new email address to set up the H-1B registrant account?
  • Yes, you will need to create a new account. The existing applicant account type will not work for H-1B electronic registration. You will need to use a new email address to set up the H-1B registrant account type.

What if I choose the wrong account type when I am creating a USCIS online account? Will I be able to change it to the correct account type later?
  • No. You will not be able to switch to a different account type yourself once you make an initial selection. Please choose the correct account type—H-1B Registrant or Legal Representative, as applicable—when you create your account. Only these two account types will work with the H-1B electronic registration process. 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. Alternatively, there are a few instances where the registrant or legal representative account may be deleted. Please see the steps outlined in the Tips for Filing Forms Online page to see if your account qualifies. 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.

Will both the attorney and the client (prospective registrant) need to create a USCIS online account for the H-1B electronic registration process?
  • Yes. Both the client (prospective registrant) and attorney will need a USCIS online account for the H-1B electronic registration process. If you are an attorney and already have an existing legal representative account, your account will work with the H-1B electronic registration process. You do not need to create a new legal representative account unless you do not have one.
  • 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.

As a registrant, can I delete my account?

Does a duplicate registration in a submission batch affect all registrations in the batch or only the duplicate registration?
  • We would invalidate only the duplicate registrations. If you properly submitted other registrations for different beneficiaries, these valid registrations would remain in the system for the selection process. 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. This is also true if one of the registrations submitted in a batch contains an error. You would be able to delete the registration for the beneficiary that contained the error without affecting the rest of the batch submission.

Do you send the Form G-28 client passcode to the registrant?
  • No. We do not send the client passcode directly to the registrant. When the legal representative submits the Form G-28, the system generates the registrant passcode. The legal representative will need to share this passcode with the registrant, so the registrant can add that individual as a representative and review and approve the draft H-1B registration and Form G-28.

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? 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?
  • The unique code generated when you create the Form G-28 remains on your homepage. If you log out and log in again later, you will be able to view that same code that you will need to provide to the registrant (your client). It does not change. If you create a new Form G-28, the system will generate a new passcode for the new Form G-28.

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?
  • You can log into your account to check if the registrant has approved the Form G-28 and the H-1B registrations. Our system will not separately notify you that the registrant has approved the Form G-28 and H-1B registrations.

After the legal representative submits a registration, will the registrant be notified via email or by logging into their account?
  • The legal representative will need to notify the registrant that the registration and Form G-28 were entered for the registrant’s review; or the registrant can see the registrations and Form G-28 by logging into their account. Our system will not separately notify the registrant.

Can an attorney represent a petitioner for an I-129 petition if the petitioner completed the H-1B electronic registration process without the help of the attorney?
  • Yes. However, to authorize their representation, the attorney would need to file a Form G-28 with the Form I-129 H-1B petition. 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.

How do I reset the password for my USCIS account or get technical support?
  • To reset your password, please visit the Forgot Your Password page on our website. To review the steps on how to create an online account, sign into your account, or complete an H-1B registration with USCIS, visit the H-1B Electronic Registration Process page. If you need other technical support, please call the USCIS Contact Center at 800-375-5283. You may also use our online form, but you will get faster service by calling.

What is the earliest date I can start drafting registrations?
  • March 1, 2023, at noon Eastern.

Will the system allow for multiple staff members to log into my account at the same time?
  • No. You must agree to the Terms of Use, which include an attestation that you are the person that holds the account and that you will not share your account with others or allow others to use your account.

How should a registrant with a selected registration notify USCIS if they do not intend to file a petition?
  • Since no H-1B petition will be filed, we will have no paper file that we can use to match the notification with the registration. We suggest that the employer keep documentation of the reason for not filing, so that the employer would be able to show us the documentation if we have questions.

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?
  • A petitioner is eligible to refile their rejected petition as long as it is refiled within the designated 90-day filing window. The petitioner should file their petition at the service center indicated on their selection notice and must include all required fees and supporting evidence with the filing.

Will USCIS invalidate registrations as duplicates if the same representative submits two registrations for the same beneficiary, but for two unrelated companies?
  • No. We would not consider such registrations duplicates. However, we will consider registrations as duplicates if the registrations are for the same prospective petitioners and the same prospective beneficiaries.
  • 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). For more information, please see the “Unfairly Increasing Chances of Selection” tab above.

If one person is the authorized signatory for two separate companies, could this person use their email with different domain names to set up a registrant account and submit registrations for the two companies?
  • Yes, they may. They will need two separate accounts, one for each company. They will also need a separate email address for each account.

What happens to my registration submission if the payment fails to initially go through?
  • If your payment initially fails or is canceled before it can be processed on Pay.gov, you will see a payment failure notification on the screen and your registration will not be submitted. Your registration data will be available in your account for 30 days from the date you last worked on your registrations. 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. You must submit all registrations and payments successfully before noon Eastern, March 17, 2023, for consideration in the initial registration period selection process.

What happens if my payment initially clears, but then fails (for example, payment is made using an electronic check that my bank then returns)?
  • It is your responsibility to submit valid payment.
  • When paying by check, please be sure to enter the bank routing number and bank account number accurately. 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. If your checking information is not accurate, your payment will be declined when presented to your financial institution. If your payment is declined, your H-1B registration will be invalidated.
  • 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. The submission, however, will only be valid once processing of the payment is completed. If the payment is later declined, rejected, disputed, or canceled after submission, the registration will be invalidated.
  • 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. If your registration is invalidated while the registration period is still open, you will be able to submit a new registration with a valid payment. If your registration is invalidated due to a failed payment after the registration period closes, you will not be able to submit a new registration. Registrations can be submitted and paid for until the registration period closes at noon Eastern on March 17, 2023.

The Form G-28 client passcode does not work when the client tries to enter it. There is an error message that indicates an email mismatch or invalid passcode. Why is this occurring?
  • 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. When filling out the Form G-28, the representative must enter the same email address the registrant used when creating their USCIS account. If the representative entered an incorrect email address for the registrant, the representative could recall the Form G-28 by clicking the “Recall G-28 for edits” button at the bottom of the account homepage. 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 recall feature is not available if the client has attempted to link the account.

What happens if an attorney represents a company that has several offices throughout the United States that all have the same employer identification number but different human resources contacts (signatory representatives for each of the offices or departments). 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? Does the client need to provide only one company contact for all their offices?
  • The attorney can designate multiple authorized officials in a client company. The company would need to have the individuals at each office create their own registrant account for which they are authorized to sign. The attorney would then be able to send the registrations to the relevant authorized official for that submission.

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?
  • Yes. The authorized signatory who signed the registration does not need to be the same authorized signatory who signs the Form I-129. However, the prospective petitioner (registrant) at the registration stage must match the petitioner at the Form I-129 stage.

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Chetan TM: H-1B Visa
H-1B Visa
What is H-1B Visa ? H-1B Electronic Registration Visa Details. About US H1B Visa. Brief Details about H1B Visa
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Chetan TM
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