With the new H-1b registration process upon us and the lack of clarity of certain important factors. How can you increase your chance of getting your H-1B approved….well after it’s accepted?
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Electronic Registration, Lottery, Deadlines and More
H-1B Electronic Registration
Like we discussed in our previous H-1b blog post, March 1 – March 20 is the H-1B online registration period. During this period, Employers or their immigration attorneys can electronically register their H-1b employees and pay a $10 registration fee for each submission. If you are considering hiring a H-1B worker or a job offer by a US employer, this IS the time to get started!
H-1B Registration Deadlines
While USCIS is providing some answers to the new H-1B registration process, some questions remain unanswered. We know for sure that the earliest an account can be accessed is February 24, 2020 with registration beginning on March 1, 2020 and ending on March 20, 2020 at noon eastern. Other information known is basic information about the employer and the beneficiary.
However, it is uncertain whether USCIS will close the electronic registration period earlier if the H-1B cap is exhausted or if they would extend the registration window if there’s insufficient H-1B applications. We foresee it is unlikely the electronic registration deadline will be extended beyond March 20 as historically, the annual H-1b cap is filled up within the first 2 days of the H-1b application period.
So, with less than two weeks left, are you ready for your H-1B filing? Do you know if your job position, your employer and your credential fulfil the requirements of H1B visa? If any of your answers is no, you should contact an immigration attorney so you can be ready for the March 1st H-1B registration. As discussed in our previous post, there are important dates that you should know, relating to this new electronic H-1B registration:
USCIS has indicated they will complete the lottery results shortly after March 20 and no later than March 31. From there, those chosen in the lottery will have 90 days to submit the full H-1B petition.
New H-1B Electronic Registration – Streamlining or Chaos?
Other questions is how many registrants will be waitlisted and when will they find out? How will USCIS count the cap gap for those on F1/OPT that expires in April or March? Or how will USCIS handle beneficiaries that have not received their degree but have completed coursework. Or under the 90 day filing period if selected in the lottery, how will USCIS treat a degree received before the filing of a case but after selected in the lottery? What if the website does not function which is not uncommon, will the lottery have to be conducted the first 5 business days of April when everyone is proceeding under the registration process? How many petitions will be waitlisted and does cap gap apply while waitlisted? These questions and many other questions are all common issues that may/will come up under the new H-1b registration system.
Hire an experienced H-1B Immigration Lawyer
As additional step-by-step details will be announced as the H-1B initial registration period begins. You should contact an experienced H-1B immigration attorney to guide you through this newly implemented H-1B registration process. As we discussed before, we will need to evaluate the H-1b position, salary requirement, the employer and the beneficiary in order to confirm the eligibility of the H-1B petition. To help navigate and analyze these questions please feel free to contact us for a consultation. Our Chicago Immigration attorneys conveniently located in downtown Chicago and Lincoln Park.