Employers May Create New Cap Registration Accounts for H-1B Cap Season

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By: Navdeep Meamber

On February 22, 2022, United States Citizenship and Immigration Services (USCIS) opened its online system for the creation of new H-1B registrant accounts.

If a business would like to sponsor a foreign national for H-1B cap employment in fiscal year (FY) 2023, it must have an active USCIS account. The FY 2023 cap registration period will close on March 18, 2022 at 12 PM eastern time (ET).

who needs a uscis h-1b cap registration account? 

All sponsoring employers, even those working with immigration attorneys, must create an account on myUSCIS.

An organization may update and use an account from a prior year if the employee who created the account is still the authorized signatory for the organization. Accounts cannot be transferred or shared, even within the same organization.

Different entities under the same organization that are sponsoring H-1B beneficiaries should create their own account. Each account must correspond to an individual email address and Employer Identification Number (EIN).

Personnel who do not already have a USCIS account should create one to review and submit applications for FY 2023. Employees cannot use accounts belonging to others. They must have their own unique log-in information.

The employee who creates the account should be the person who will sign USCIS petitions on behalf of the organization. If the same authorized signatory exists for multiple entities, they will need separate accounts with separate email addresses.

how to create an account

To create an account, an employer should visit the USCIS website, click the “sign up” option, and provide the following:

  • E-mail address.
  • Password
  • Set up two-factor authorization with a text message, alternate email address, or an authentication application.
  • Set up security questions.
  • Select an account type. For H-1B applications, the account type is “I am an H-1B Registrant.” If an incorrect account type is selected, employers will need to create a new account with a new email address.

Registering for h-1b cap

USCIS will open the cap registration period on March 1, 2022 at 12 PM (noon) ET. The registration period will close on March 18, 2022 at 12 PM ET. All registrations must be submitted by that date to be considered. H-1B cap-subject petitioners or their representatives are required to pay the associated $10 H-1B registration fee for each registration submitted on behalf of each beneficiary.

beneficiary information 

Employers must provide the following beneficiary information for H-1B registration:

  • Full legal name
  • Gender
  • Date of Birth
  • Country of birth and country of citizenship
  • Passport number, if applicable
  • Advanced-degree cap eligibility, if applicable

Employers can only submit one registration per beneficiary per entity. USCIS will be monitoring duplicates and will not consider any duplicate applications. However, there is no limit to the number of registrations an organization can submit. Registrations are limited to 250 beneficiaries at a time.

organization responsibilities 

An organization must be actively involved in the registration process, even if they are working with an attorney. Immigration counsel cannot submit registrations on behalf of an organization until the organization approves the an H-1B registration and signs the Form G-28, Notice of Entry of Appearance as Attorney.

Once an attorney finishes drafting a registration, USCIS will provide a passcode for the organization to approve, review, and sign the appropriate documentation. The first document an organization must review is Form G-28. After reviewing and signing the form, an employer will need to confirm all organization and beneficiary information is correct and updated. If corrections are needed, an employer should contact their attorney. Draft registration errors can only be fixed by an attorney.

Organizations can add or remove beneficiaries from a draft registration. Once a registration has been submitted, applicants can be deleted but not added. However, a new registration can be filed until the cap registration period closes.

tracking registrations 

Employers can use their unique passcode to access their H-1B application status, which may include “selected,” “approved,” or “submitted.” USCIS also allows employers to download a comma-separated value (CSV) list of all their H-1B beneficiaries.

h-1b cap lottery

USCIS is expected to conduct two cap lotteries between March 18, 2022 at 12:01 PM and March 31, 2022. USCIS will use the regular H-1B cap of 65,000 to select registrants for round one. For the second lottery, 20,000 advanced degree holders will be selected. On March 31, 2022, lottery results will be released to employers and immigration counsel through their USCIS online accounts.

The H-1B petition FY 2023 filing period is expected to begin on April 1, 2022 and end on June 30, 2022. All petitions must be filed within the filing period. USCIS is expected to announce soon whether it will accept premium processing for H-1B cap petitions.

conclusion

The Chugh, LLP immigration team will continue to monitor the FY 2023 H-1B cap season and provide updates as they become available. For assistance filing H-1B cap applications for prospective employees, contact your Chugh, LLP immigration professional.

 

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