As an immigration lawyer, I’m here to simplify the upcoming changes in the H-1B visa filing process for the Fiscal Year 2025, making it easier for you to understand and prepare. The U.S. Citizenship and Immigration Services (USCIS) is introducing a new, beneficiary (employee) centric H-1B registration system. In the past USCIS conducted the selection process by the registrations filed by employers. Multiple employers were filing registration for the same employee. Under the new H-1B registration system, USCIS will conduct the selection process by unique beneficiaries (employees). This system should significantly reduce or eliminate the advantage of submitting multiple registrations for the same employee solely to increase the chances of selection and should give all beneficiaries an equal chance at selection.
Another change is an introduction of organizational accounts. This new USCIS platform allows online collaboration for employers and their legal representatives and submitting the H-1B registrations. It was designed to streamline the H-1B filing process. It is important to start planning who will take the new roles of administrators, creation of different groups and associated legal representatives. Initial H-1B registration period is scheduled from March 6, 2024, at 12 noon (ET) to March 22, 2024, at 12 noon (ET). Make sure to mark these dates on your calendar.
For the first time, the selected employers will be able to file the Petitions for Alien Workers (form I-129) with supporting documents online. Starting April 1, 2024, all H-1B petitions will be subject to new fees. For employers with 26 or more full-time employees, the Form I-129 filing fee will be $780. Small employers (with 25 or fewer full-time employees) and nonprofit entities will be charged $460. Additionally, an asylum program fee is introduced to cover the costs of asylum adjudications: $600 for larger employers (26 or more employees), $300 for smaller employers and no fee for nonprofit organizations. Starting February 26, 2024, the premium processing fee is increasing to $2,805
This shift towards a more transparent and efficient system is a crucial development for employers and prospective H-1B applicants. As always, planning ahead and understanding these changes are key to navigating the H-1B process successfully. If you’re an employer looking to sponsor an employee for H-1B visa or if you are an employee aiming for an H-1B status, our experienced H-1B immigration attorneys are here to guide you through the process. Schedule your consultation with an experienced H-1B immigration attorney TODAY at www.calendly.com/irena-3/30min
We look forward to talking with you and helping you!
As we gear up for the H-1B registration and filing season, here’s a quick heads-up on what’s new and why reaching out to an immigration attorney might be your best move.
The H-1B registration process is getting a makeover! There are new procedures being implemented by the U.S. Citizenship and Immigration Service (USCIS) for the H-1B registration process. USCIS is adding a collaboration platform to the H-1B registration system to allow more flexibility for employers. The employers will be able to do the entire H-1B filing online. It is important to plan ahead.
Keep an eye on crucial dates. The H-1B registration will start in March. USCIS is planning to make the new H-1B collaboration platform accessible in February. Understanding the timeline is essential to ensure you don’t miss anything that will result in denial. Mark your calendars for the upcoming registration and filing deadlines.
The H-1B registration process has evolved, and there are updates you need to be aware of. From the new H-1B registration system to the filing procedures, you need stay informed for the successful H-1B process.
Why Consider an Immigration Attorney:
With upcoming changes, having an immigration attorney by your side can make the process smoother. An immigration attorney is the go-to expert, helping you navigate the complexities of the new H-1B process and ensuring the successful H-1B approval.
Get in Touch:
Don’t hesitate to reach out! If you’re an employer looking to sponsor an employee or if you are an employee aiming for an H-1B, our immigration attorneys are here to guide you through the process. Schedule your consultation with an experienced H-1B immigration attorney at www.calendly.com/irena-3/30min
Where an employer subject to the H-1B visa cap properly files an H-1B petition requesting an October 1 start date and a timely change of status on behalf of an F-1 student, student’s F-1 status and employment authorization (if in Optional Practical Training) is automatically extended until September 30, thus eliminating the “gap” between the time the F-1 status would have expired and the October 1 start date of H-1B status. If the H-1B petition is not filed before the OPT expires, the student may not be employed again until October 1. Cap-gap does not apply to cap-exempt H-1Bs.
Please note that this article does not constitute legal advice from our law firm. We simplified the law to provide general information about one aspect of the H-1B visa. If you would like to discuss if you qualify for the cap-gap or need help obtaining an H-1B visa, schedule a consultation with an experienced immigration lawyer in Scottsdale, AZ today or call our office at 480-425-2009! We look forward to talking with you!
The registration for the fiscal year 2022 H-1B cap will start on March 9, 2021, and will end on March 25, 2021. If there are more than 85,000 registrations received by March 25, the USCIS will randomly select registrations and intends to notify the registrants by Mach 31, 2021.
The petitions subject to the H-1B cap-subject may only be filed by those employers whose registrations were selected. USCIS delayed the changes to the H-1B selection process until December 31, 2021.
Please note that this article does not constitute legal advice. We simplified the law to provide general information about the H-1B registration process for the fiscal year 2022. If you would like to H-1B petition approved fast, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 today or call our office at 480-425-2009!
The Department of Homeland Security (DHS) proposes to
change the process of selecting H-1B registrations for filing of H-1B cap-subject petitions from a random lottery selection to a wage-level-based selection process.
If more registrations were received during the annual
initial registration period than necessary to reach the
cap, USCIS would rank and select the registrations received generally on the basis of the highest OES wage level in the area of intended employment, beginning with OES wage level IV and proceeding in descending order with OES wage levels III, II, and I
These proposed changes would incentivize petitioners to offer higher wages
to H-1B workers or petition for positions requiring higher skills By changing the selection process, DHS would increase the chance
of selection for registrations or petitions seeking to employ beneficiaries at wages that would equal or exceed the level IV or level III prevailing wage. The DHS data shows that only 28.53% of H-1B petitions received in FYs 2018 and 2019 were filed for level IV and III wages.
The 30-day comments period starts on November 2, 2020.
Please note that this article does not constitute a legal advice. We simplified the law to outline the proposed changes to H-1B selection process. If you would like to obtain an H-1B status, call our experienced H-1B attorney at 480-425-2009 or schedule your consultation online.
On December 7, 2020, changes to the H-1B nonimmigrant visa regulations will take effect. The proposed regulations amend the definition of a “specialty occupation” to indicate that there must be a “direct” relationship between the required degree field(s) and the duties of the position. Instead of demonstrating that a bachelors’ degree is “normally”, “commonly” or “usually” required; the bachelor’s degree in a specific specialty or its equivalent needs to be “always” required.
The regulations defines the term “employer-employee relationship”. In addition to considering whether employer has “the right to control” the employee’s work USCIS will also look at whether the employer actually exercises that right to control. The regulations set a 1-year maximum validity period for all H-1B petitions in which the beneficiary will be working at a third-party worksite.
Please note that this article does not constitute a legal advice. We simplified the law to outline only some proposed changes to H-1B regulations. If you would like to obtain an H-1B status, call our experienced H-1B attorney at 480-425-2009 or schedule your consultation online.
On October 8, 2020, Department of Labor (“DOL”) published an interim final rule changing its method for calculating the prevailing wage rates in the H-1B program. DOL altered the level 1 prevailing wage from the 17th percentile of the OES wage distribution to 45th percentile on the false
assumption that the wages paid to individuals with a master’s degree represent the entry level wages for H-1B workers. Based on that upward adjustment, DOL increased the level 2 prevailing wage rate from 34th to the 62nd percentile, the level 3 prevailing wage from the 50th to the 78th percentile and the level 4 prevailing wage from the 67th percentile to the 95th percentile.
The upward adjustment of prevailing wage rates results in an overnight increase in wage rates and may likely result in many employers not hiring foreign workers. Lawsuits were filed seeking injunction to stop the DOL interim final rule.
Please note that this article does not constitute a legal advice. We simplified the law to outline only some proposed changes to H-1B rules. If you would like to obtain an H-1B status, call our experienced H-1B attorney at 480-425-2009 or schedule your consultation online.