To help diligent potential petitioners beat the cap, the online registration process for the H-1B visa has been available since last year. Those eligible for the H-1B visa can save themselves some time by taking advantage of the online registration system. Those persons petitioners seeking to file for beneficiaries looking for the advanced degree exemption, can file online and pay the appropriate fee of $10 per each beneficiary.
The electronic registration platform has been able to reduce the amount of paperwork and information exchange. This allows for cost savings for those filing an H-1B cap-subject petition for individuals such as employers. With this process, the amount of information that is required is minimum. This helps petitioners and their representatives who wish to employ H-1B workers supply a basic amount of information for their requested employees. Each fiscal year, the intimal registration will be open for 14 days.
The selection process for the H-1B visa will then follow the steps using the electronically submitted forms. Only the selected registrations will be able to file H-1B petitions with USCIS. Once the initial registration has closed; the selections will be made. The online account is easy to create. Have a look at the video provided below. For additional information on the H-1B visa program, visit the USCIS Website: www.uscis.gov
How to Register
To submit H-1B visa petition, a USCIS online account must be created first. The initial registration for FY2022 will begin at noon Eastern Time on March 9, 2021 and run until noon on the 25th. Representatives and registrants will need to wait until the March 9 beginning date to file the H-1B visa registration. Potential petitioners will need to submit their registration through their myUSCIS account. Once the “I am an H-1B registrant” is selected, no additional information can be entered.
Those who are submitting their own registrations will need to include their company information in the H-1B registration. Those individuals who will be using a representative will need to review the company data that was entered. A video is available in order to provide instruction on setting up the account. Petitioners are able to create an account at any time using the same type of account for designated representatives. Those who already have a representative account, will not need to create a new one. Representatives will need to add information about their organization when setting up an account, unlike a normal registrant.
There is an instructional video for assisting in setting up an attorney or representative account on the USCIS website.
How to File a H-1B Petition
-
First, it is important to make sure all of the required information is completed in the Form I-129, “Petition for a Nonimmigrant Worker”. This will include the H Classification Supplement, the H-1B Data Collection as well as the Filing Fee Exemption Supplement according to the form regulations. The H Classification Supplement can be found in Form I-129 (page 15). Turning to page 21, the H-1B Data Collection and Filing Fee Exemption Supplement can be located on page 21. The updated editions of these forms can be found at uscis.gov/forms.
- Those who registered from March 9 to 25 period must state that the start date October 1 2021 is entered on the petitions. If this information is not entered, the petition will be subject to denial.
- A copy of the H-1B Registration Selection Notice must also be included for the registrations that are filed by an organization on behalf of the potential workers. petitioners will also need to ensure entering the “Beneficiary Confirmation Number” for a H Classification Supplement (Page 15, Question 5).
- Extra care will also need to be taken in order to ensure that the information that is used in the e-registration complies to the petition’s information. Where there is inconsistencies, there will need to be an explanation as to why the data does not correlate. In cases where the information of the petition and the registration do not match without an explanation, the USCIS may reject the petition. To ensure that any issues are seen, the USCIS asks that Bright coloured coversheet provide such information to get the attention of those who will review the forms.
- All forms must have the original signatures in black ink. Signatures must also follow the Policy Memorandum PM-602-0134.1 which related to the form of signatures that are used to fill US documents.
- Money orders or alternatively signed checks must also be included with the correct fee amount. Separate checks will be needed to pay for each separate fee for filing.
- In order for the process to be completed with little or no issues in a timely manner, all documentation and required evidence will need to be included with the petition when filed.
- The Labor Condition Application (LCA) should be checked that it matches the position in the petition.
- Petitions should also be filed according to the correct USCIS Service Center. More information can be found at Where to Mail Your H-1B Cap-Subject Petition.
- NB: Each petitioner filing their petition has responsibility to check that Form I-129 is filled and submitted as required.
