2020 H1B Cap Petitions:

How To Properly File With USCIS?

Introduction

The wait is finally coming to an end!

USCIS will begin accepting H1B registrations subject to the FY 2021 cap on March 1, 2020.

We’ve put together line-by-line instructions for properly submitting the H1B cap registrations and to prepare and assemble the 2021 H1B cap petitions. Following these guidelines will help you avoid delays and increase the chances of lottery selection and approvals.

OR
Check My Eligibility

A. Submitting H1B Registrations

  1. Create a myUSCIS account by visiting my.uscis.gov/account. Employers may begin creating H-1B registrant accounts through the myUSCIS portal starting February 24, 2020.
  2. After the account is created, login to your myUSCIS account. Select the My Account link and click on File a form to view a link for H-1B Registration.
  3. Enter the Employer and Beneficiary information in the respective fields.
  4. a.Employer information you need to provide includes the legal name of the organization, DBA name (if applicable), Employer Identification Number (EIN), primary U.S. office address of the organization and legal name, title, and contact information of the authorized signatory of the organization.

    b.Beneficiary information that you need to provide include the Beneficiary’s legal name, gender, date of birth, country of birth and country of citizenship, passport number, along with a determination if the Beneficiary is eligible for the Master’s Cap.

  5. Review and submit the form.
  6. Proceed to complete the H-1B Registration Payment for the registration. A registration fee of $10 must be paid for each H-1B beneficiary registration. Payments can be made from a bank account (checking or savings), a credit card, or debit card. As the registration will be done solely online, the registration fee cannot be submitted using cash, a certified bank check, or money order. The registration system allows for batch payments to pay the fee for multiple registrations.
  7. After the payment is complete, you will receive a confirmation of successful submission of the H-1B Registration on your screen. Each Beneficiary will be assigned a confirmation number.
  8. USCIS will, after completion of the H1B lottery, notify employers whose registrations are selected in the lottery. The status of the registration can be tracked through your myUSCIS account.

IMPORTANT
USCIS will deny multiple or duplicate registrations filed by an employer for the same H1B worker and all registrations made the employer relating to that beneficiary for that fiscal year will be considered invalid.

B. Preparing USCIS Forms, LCA And Fee Checks

Employers, whose registrations were notified by USCIS as being selected in the H1B lottery and who are filing the H1B cap 2020 petitions, must make sure:

  1. To complete all sections of the Form I-129 petition accurately, including the H Classification Supplement and the H1B Data Collection and Filing Fee Exemption Supplement
  2. That the requested employment start date is no earlier than October 1, 2020
    Note: Do not request an earlier employment start date or a start date of “As Soon As Possible” or “ASAP”
  3. The Form I-129 has a revision date of 01/27/20 or later
  4. Each form has an original signature, preferably in black ink
  5. To sign the certified LCA before submitting it with the petition to USCIS
    Note: A copy of the signed LCA is acceptable
  6. To include a signed check or money order with the correct fee amount. A separate check is preferred for each filing fee (Form I-129, Premium Processing, Fraud Fee, ACWIA fee, and Public Law 111-230). Make checks payable to the Department of Homeland Security, dated within the last six months, and include the proper amount and signature. Money orders must be properly endorsed;
    Note: USCIS will reject all petitions submitted with the incorrect filing fee
  7. To include a copy of the Selection Notice
  8. To file petition with the correct service center as designated in the Selection Notice

IMPORTANT
H-1B petitions on behalf of registrations selected in the lottery can be filed beginning April 1, 2020. USCIS will provide a Selection Notice for each registration selected in the lottery, which will be made available in your myUSCIS account. The Selection Notice will designate the Service Center where the petitioner must file the H-1B petition, and will list the 90-day filing period within which the H-1B cap petition must be filed.

c. Organizing The H1B Package

1. Clearly label all H1B cap cases, preferably in red ink, on the top margin of Form I-129, using the following codes:

a. Regular Cap (for petitions subject to the 65,000 regular cap, not including Chile/Singapore H1B1 cap cases)

b. U.S. Master’s (for petitions subject to the 20,000 exemption for beneficiaries with U.S. master’s degrees or higher)

2. Staple checks to the bottom right corner of the top document

Mailing Multiple Petitions Together

If including multiple petitions in the same package, make sure to:

1. Place the individual petitions into separate envelopes within the package; and

2. Mark the individual petition envelopes with the following labels to identify the type of petition:

a. Master’s Premium

b. Master’s

c. Regular Premium

d. Regular

D. Preferred Order of Documents In The H1B Package

  1. Copy of Selection Notice
  2. Form I-907 (if filing for Premium Processing Service)
  3. Form G-28 (if represented by a lawyer or accredited representative)
  4. Form I-129, Petition for a Nonimmigrant Worker, with addendums/attachments
  5. H Classification Supplement to Form I-129 (Free Trade Supplement for H1B1 Chile-Singapore petitions)
  6. H1B Data Collection and Filing Fee Exemption Supplement
  7. All supporting documentation to establish eligibility (provide a table of contents for supporting documentation and tab the items as listed in the table)
  8. Arrival-Departure Record -Form I-94 (if the beneficiary is in the United States)
  9. SEVIS Form I-20 (if the beneficiary is a current or former F-1 student or F-2 dependent)
  10. SEVIS Form DS-2019 (if the beneficiary is a current or former J-1 or J-2)
  11. Form I-566 (if the beneficiary is a current A or G nonimmigrant)
  12. Department of Labor certified LCA, Form ETA 9035
  13. Employer/lawyer/representative letter(s)
  14. Other supporting documentation
  15. Copy of the petition, if necessary. Clearly mark it as “COPY” so that it is not mistaken for a duplicate filing

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Conclusion

VisaPro is anticipating that the H1B cap will be met during the initial H1B registration period between March 1 and March 20, and USCIS will receive more than enough registrations to reach both caps by March 20. USCIS will use a random selection process (H1B Lottery) to select the number of registrations required to reach the numerical limit.

It is therefore important to remember that it is the responsibility of the employer to ensure that the H1B registrations are timely submitted in order to stand a chance in being considered for the H1B lottery. Completing the Form I-129 accurately and submitting strong H-1B petitions is equally important to ensure successful adjudication of petitions filed against H1B registrations selected in the H1B lottery.

If you have questions at any point while submitting the H1B registrations or when preparing and filing your 2020 H1B Cap cases, please call us at 202-787-1944. Our experienced immigration lawyers will be happy to assist you.


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