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USCIS Formally Announces Implementation of Electronic H-1B Registration Process and the Registration Timeframe

By Bill at January 18, 2020 03:37
Filed Under: Immigration News

On Jan. 9, 2020, U.S. Citizenship and Immigration Services published a Federal Register notice formally announcing the implementation of the H-1B registration process for fiscal year 2021 H1B cap-subject petitions. This notice is required for the initial implementation of the registration process, as stated in the Jan. 31, 2019, H-1B registration final rule.

USCIS will open an initial registration period from March 1 through March 20, 2020, for the FY 2021 H-1B numerical allocations.  

  • During this timeframe, H-1B cap-subject petitioners, including those eligible for the advanced degree exemption, seeking to file a FY 2021 H-1B cap petition will be required to first register electronically with USCIS and pay the associated $10 H-1B registration fee for each submission.
  • Prospective petitioners or their authorized representatives must electronically submit a separate registration naming each alien for whom they seek to file an H-1B cap-subject petition. Duplicate registrations are prohibited.
  • As described in the H-1B registration final rule, if more than a sufficient number of registrations are received, we will randomly select the number of registrations projected as needed to reach the FY 2021 H-1B numerical allocations after the initial registration period closes and notify registrants with selected registrations no later than March 31, 2020.
  • Prospective petitioners with selected registrations will be eligible to file a FY 2021 cap-subject petition only for the alien named in the registration and within the filing period indicated on the eligibility notice.

USCIS will not consider a cap-subject H-1B petition to be properly filed unless it is based on a valid, selected registration for the same beneficiary and the appropriate fiscal year, unless the registration requirement is suspended. Additionally, although petitioners can register multiple aliens during a single online submission, a petitioner may only submit one registration per beneficiary in any fiscal year. If a petitioner submits more than one registration per beneficiary in the same fiscal year, all registrations filed by that petitioner relating to that beneficiary for that fiscal year will be considered invalid.

Outreach activities will take place before the opening of the initial registration period to allow users the opportunity to familiarize themselves with the new electronic registration process. We will conduct in-depth webinars and publish a series of videos for attorneys and general users to walk through the system step-by-step.

New H-1B Electronic Registration Process Starts in March‏‎

By Bill at December 13, 2019 23:51
Filed Under: Immigration News

USCIS announced that employers seeking to file H-1B cap-subject petitions for the fiscal year 2021 cap must first electronically register and pay the associated $10 H-1B registration fee. read full announcement

Under this new process, employers will complete a registration process that requires only basic information about their company and each requested worker. USCIS will open an initial registration period from March 1 through March 20, 2020. The H-1B random selection process will then be run on those electronic registrations.

The winners will then be notified by the USCIS to file the I-129 H-1B cap petitions throughout the FY-2021 cap season. Employers who receive the winner notice from the USCIS will be given "60 days" from the date of winner notices to file the H-1B cap petitions with the USCIS.

The electronic registration process will dramatically streamline processing by reducing paperwork and data exchange, and will provide an overall cost savings to petitioning employers. However, the lottery on registration rather than the petition itself may lead to huge increase in numbers of registrations and further reduce the winning rate.

Anyway, the registration is less than three months away. H-1B season will begin soon, take following action now!

  1. Update Resume and Career Profile
  2. Review H-1B Sponsors by Occupation, Industry and Location
  3. search H-1B Jobs in your occupation

 



Not all jobs are created equal!
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US approves more H-1B visas in 2019 despite stricter scrutiny

By Bill at October 30, 2019 23:25
Filed Under: Immigration News
The US has approved a higher number of H-1B applications(both for initial visas and visa extension for continued employment) in 2019, showing that the demand for these work visas continues to be strong.

While in 2015, about 288,000 applications were approved by USCIS, for fiscal year 2019, the number passed 389,0000, up from last year's 335,000.

USCIS statistics from fiscal year 2015 - 2019, check page 3 for H-1B summary data

The above data also shows that USCIS continued scrutiny of H-1B applications. RFEs were sought in 40% of cases from sponsoring employers to justify the visa applications. It is said that the top three reasons for an RFE are
  1. to ascertain whether the job is a speciality occupation to warrant hiring of H-1B worker
  2. to ascertain a bona fide employer-employee relationship
  3. to ascertain the availability of work at third party work site
Top 10 reasons for H-1B RFE-Request for Evidence

It is said that determination of whether a job is specialised or not is a factor that will continue to dominate the processing of H-1B visa application. For more information, please check H-1B knowledge base for more information.



Not all jobs are created equal!
http://www.myvisajobs.com

USCIS Completes the H-1B Cap Random Selection Process

By Bill at April 26, 2019 14:18
Filed Under: Immigration News

On April 10, USCIS used a computer-generated random selection process to select enough H-1B petitions to meet the congressionally-mandated regular cap and the U.S. advanced degree exemption for fiscal year (FY) 2020. After completing the random selection process for the regular cap, USCIS also determined that it has received a number of petitions projected as sufficient to meet the 20,000 H-1B visa U.S. advanced degree exemption, also known as the master’s cap.

USCIS received 201,011 H-1B petitions during the filing period, which began April 1, including petitions filed for the advanced degree exemption. USCIS announced on April 5 that it had received enough petitions to reach the congressionally mandated H-1B regular cap of 65,000.

In accordance with the new H-1B regulation, USCIS first conducted the selection process for H-1B cap-subject petitions submitted on behalf of all beneficiaries, including those that may have been eligible for the advanced degree exemption. USCIS then selected a number projected to reach the advanced degree exemption from the remaining eligible petitions. USCIS will reject and return all unselected petitions with their filing fees unless the petition is a prohibited multiple filing (PDF, 119 KB).

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the FY 2020 H-1B cap. USCIS will continue to accept and process petitions filed to:

  • Extend the amount of time a current H-1B worker may remain in the United States;
  • Change the terms of employment for current H-1B workers;
  • Allow current H-1B workers to change employers; and
  • Allow current H-1B workers to work concurrently in a second H-1B position.

H-1B Visa Approval and Denial History for Every Employer Released

By Bill at April 13, 2019 01:45
Filed Under: Immigration News, Tips and Features

We have just obtained from USCIS 10 year H-1B Visa approval and denial history(2009-2019) and published on our website. This is the first time U.S. government releases such data.

The database includes nearly 510,000 approvals and 41,000 denial for over 170,000 employers. While we are still analyzing and integrating the data, we believe it is very important for our users to have access to the data right away.

Many employers, including some top visa sponsors had large numbers of H-1B visa denials in recent years. Please use following link to search the data now!

http://www.myvisajobs.com/H1B-Visa/ADHistory.aspx

We are working hard on developing more reports and integrate the data into employer profiles. We also will update the data at least once every quarter.  

How to Ensure You Properly File Your H-1B Cap-Subject Petition

By Bill at March 26, 2019 22:17
Filed Under: Tips and Features

USCIS will begin accepting H-1B petitions that are subject to the FY 2020 cap on April 1, 2019. Please check here to see the new rule that will go into effect on April 1.

It is your responsibility to ensure that Form I-129 is completed accurately and submitted properly. Please follow these steps to ensure your attorney or your employer properly file your H-1B cap-subject petition:

  1. Complete all sections of the Form I-129 petition, including the H Classification Supplement and the H-1B Data Collection and Filing Fee Exemption Supplement.
  2. Make sure each form has an original signature, preferably in black ink. Ensure all signatures comply with Policy Memorandum.
  3. Include signed checks or money orders with the correct fee amount. Please submit separate checks for each fee associated with the filing.
  4. Submit all required documentation and evidence with the petition at the time of filing to ensure timely processing.
  5. Ensure that the Labor Condition Application (LCA) properly corresponds to the position in your petition.
  6. You must file the petition with the correct USCIS service center. Read more on Where to Mail Your H-1B Cap-Subject Petition.

Please also check additional documents required with your petition:

  1. Signed, certified Department of Labor LCA (ETA 9035), copy acceptable.
  2. Evidence of Beneficiary's Educational Background(with English translations when applicable).
  3. A Copy of the H-1B Petition, if the beneficiary will be applying for a nonimmigrant visa abroad

U.S. employers are always looking for skilled workers, even in holiday seasons. Please polish your resume and update your career profiles regularly.     

Top 10 reasons for H-1B RFE-Request for Evidence

By Bill at March 11, 2019 18:08
Filed Under: Tips and Features, Visa Knowledge

A H-1B RFE(Request for Evidence) is an inquiry by the USCIS in order to request additional proof necessary to make a decisions pertaining to your H-1B petition. It can be for information about either the worker or the employer, or both, since USCIS must have proof of a valid employer-employee relationship.

From the time you receive the RFE through mail or email, you have 90 days to submit the appropriate documents and you should take great care to ensure that you are thorough in answering all inquiries.

Following are the top 10 reasons why USCIS may issue an RFE, in order from most to least common, that RFEs were issued in fiscal year 2018 for H-1B petitions. read detailed explanation.

1. Specialty Occupation
2. Employer-Employee Relationship
3. Availability of Work (Off-Site Work Cases)
4. Beneficiary Qualification
5. Maintenance of Status
6. Availability of Work (In-House Work Cases)
7. LCA Corresponds to Petition
8. AC 21 and 6-Year Limit
9. Itinerary
10. Fee

For more information about H-1B Visa REF, please read USCIS document: Understanding Requests for Evidence (RFEs): A Breakdown of Why RFEs Were Issued for H-1B Petitions in Fiscal Year 2018

U.S. employers are always looking for skilled workers, even in holiday seasons. Please polish your resume and update your career profiles regularly.     

Over half million labor petitions for H1-B visa processed in 9 months

By Bill at August 07, 2018 19:50
Filed Under: Immigration News

We have published all labor applications(LCA) filed by U.S. employers during the first 9 months of fiscal year 2018 through our legacy database system.

From October 1, 2017 to June 30, 2018, Department of Labor processed 541,555 LCA for H-1B visa jobs: 7,159 were denied, 37,054 were withdrawn.

U.S. employers still submitted large number of LCA after April when the annual quota for H-1B Visa was used up. The total number is estimated to be over 140K at the end of July. Click here to understand why.

  Year to Date First Quarter Second Quarter Third Quarter
Total LCA 541,555 94,561 315,783 131,003
Certified 497,342 82,223 295,217 119,902
Denied 7,159 1,560 3,828 1,771
Withdrawn 37,054 10,778 16,946 9,330



Please use following links to search potential job opportunities and pitch employers directly.

Our new visa job database is now updated daily with full copies of original petitions. However, we still maintain the legacy system which is updated once every quarter with case summary only. Some cases might not appear on both systems due to various reasons.

U.S. employers are always looking for skilled workers, even in holiday seasons. Please polish your resume and update your career profiles regularly.     

H1-B Visa Cap Exempt Employers

By Bill at July 12, 2018 17:17
Filed Under: Tips and Features, Visa Knowledge
USCIS has reached the congressionally mandated H-1B cap for fiscal year 2019 on April 6,2018. However, USCIS will continue to accept and process petitions that are otherwise exempt from the cap.

Petitions for new H-1B employment are exempt from the annual cap if the beneficiaries will work at Petitions filed on behalf of current or former H-1B workers who have been counted previously against the cap, and who still retain their cap number, also do not count toward the cap. Accordingly, USCIS will continue to process fiscal year 2018 and 2019 petitions filed to:
  • Extend the amount of time a current H-1B worker may remain in the United States.
  • Change the terms of employment for current H-1B workers.
  • Allow current H-1B workers to change employers.
  • Allow current H-1B workers to work concurrently in a second H-1B position.
  • Allow recapture of the time that H-1B workers spent outside the U.S.
  • Change status back to H-1B from other status like H-4 or F-1.
Based on above cap exempt criteria, myvisajobs.com has improved its search function of H1B visa database. Please use following links to search cap exempt employers and H1B visa petitions.




Employers filed 410,000 labor condition applications for H-1B in 6 months

By Bill at May 10, 2018 01:10
Filed Under: Immigration News

We have just published all labor petitions filed by U.S. employers during the first six months of fiscal year 2018 through our legacy database system. It includes all the LCA filed by employers for FY2019 cap subject H-1B petitions.

From October 1, 2017 to March 31, 2018, Department of Labor made decisions on 410,605 labor condition applications for H-1B visa jobs: 5,388 were denied, 27,725were withdrawn.

  10/1/14-3/31/2015 10/1/15-3/31/2016 10/1/2016-3/31/2017 10/1/2017-3/31/2018
Total LCA 382,259 423,006 420,436 410,605
Certified 351,962 383,204 381,308 377,492
Denied 6,427 5,904 5,512 5,388
Withdrawn 23,870 33,898 33,616 27,725



Please use following links to search potential job opportunities and pitch employers directly.

Our new visa job database is now updated daily with full copies of original petitions. However, we still maintain the legacy system which is updated once every quarter with case summary only. Some cases might not appear on both systems due to various reasons.

U.S. employers are always looking for skilled workers, even in holiday seasons. Please polish your resume and update your career profiles regularly.