New Game Plan for Cap H-1Bs: A New Registration Process

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By: Kirti Kalra

Many employers are aware that the H-1B visa sponsorship process will now begin with online registration with United States Citizenship and Immigration Services (USCIS) for cap-subject cases. The new system allows employers to only submit completed applications for beneficiaries that have been selected in the H-1B lottery, saving them time and money. However, once a beneficiary is selected, tight deadlines on petition submissions will cause problems for employers who leave everything to the last minute. It is more important than ever to work with a trusted attorney to determine your candidate’s eligibility before online registration begins.

The Basics of Online Registration for H-1B Sponsorship

Employers and their attorneys will need to register each H-1B beneficiary on the new myUSCIS website to begin the sponsorship process. This process will generally include the following steps:

  1. The attorney e-registers the H-1B beneficiary and completes the corresponding electronic attorney representative form (G-28).
  2. The employer’s designated representative receives a notification with a secure passcode. They will then sign into their myUSCIS account, enter the passcode, and add the attorney as an additional representative. 
  3. The employer’s representative reviews and approves the information provided in the registration. They also confirm that the company intends to file the H-1B petition on behalf of the beneficiary in question.

The myUSCIS system generates a notification for the attorney to complete the registration by submitting a $10 fee.

Seven Tips for Successful H-1B Visa Sponsorship

Companies should start working with their attorneys earlier to review prospect qualifications and meet new H-1B registration deadlines. Here are seven useful tips for HR professionals to successfully complete an H-1B sponsorship.

  1. Sign up for the registration process as soon as it is available on March 1, 2020. Please note that even employers that have retained attorneys to file H-1B cap cases on their behalf must register for an account on myUSCIS due the dual submission process.
  2. Take some time to play around with the website when it goes live. It may take some time to get used to the new web application, and deadlines are fast paced.
  3. Account for possible delays caused by website downtime or errors. Because this is the first time USCIS is implementing this process, they will most certainly run into technical issues.
  4. Get the employment agreement signing and other related on-boarding procedures out of the way as early as possible. This is an ongoing issue with H-1B sponsorships, and the new process does alleviate this concern.
  5. Do not rely on your prospective employees to be timely in providing necessary personal documents. Remind them of the documents needed and provide deadlines.
  6. Involve the necessary management teams early to ensure that you have the documentation and information requested by your attorney to evaluate and substantiate the H-1B position. Because employers are no longer submitting the complete petition upfront, it is important not to underestimate how long this process can take.

Reach out to your immigration attorney early to help guide you through the process. Your attorney is vital in helping you evaluate your prospective employee’s eligibility for an H-1B visa before registration begins, so you can meet crucial deadlines later.

Conclusion

The new H-1B visa registration system simplifies some aspects of the sponsorship process. However, it is important to work with your immigration attorney early and often to ensure your prospective H-1B employee has the best possible chance for success. Contact us at info@chugh.com for help sponsoring an H-1B visa. As always, good luck to you and your potential employees. We are rooting for you! 

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