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FY 2022 H-1B Cap Season Updates

H-1B Initial Electronic Registration Selection Process Completed

USCIS has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2022 H-1B numerical allocations (H-1B cap) including the advanced degree exemption (master’s cap). We randomly selected from among the registrations properly submitted to reach the cap. We have notified all prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.

Registrants’ online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered):

  • Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.
  • Selected: Selected to file an H-1B cap petition.
  • Denied: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.
  • Invalidated-Failed Payment: A registration was submitted but the payment method was declined, not reconciled, or otherwise invalid.

For more information, visit the H-1B Electronic Registration Process page.

FY 2022 H-1B Cap Petitions May Be Filed Starting April 1

H-1B cap-subject petitions for FY 2022, including those petitions eligible for the advanced degree exemption, may be filed with USCIS beginning April 1, 2021, if based on a valid, selected registration.

Only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2022, and only for the beneficiary named in the applicable selected registration notice.

When completing Form I-129, Petition for a Nonimmigrant Worker, please ensure that the below question is included as Question 5 in Supplement H on page 13. If you have already filled out Form I-129 and this question was not included, you may replace Supplement H in your petition by printing out and completing pages 13 and 14 from the current version of Form I-129 on uscis.gov and including them with your petition. Starting July 1, 2021, we will only accept the 03/10/21 edition of Form I-129. Until then, you can also use the 09/30/20 and 01/27/20 editions.

An H-1B cap-subject petition must be properly filed at the correct service center and within the filing period indicated on the relevant registration selection notice. The period for filing the H-1B cap-subject petition will be at least 90 days. Online filing is not available for H-1B petitions, so petitioners filing H-1B petitions must do so by paper. Petitioners must include a printed copy of the applicable registration selection notice with the FY 2022 H-1B cap-subject petition.

Petitioners filing H-1B cap-subject petitions, including those petitions eligible for the advanced degree exemption, must still establish eligibility for petition approval at the time the petition is filed and through adjudication, based on existing statutory and regulatory requirements. Selection in the registration process does not relieve the petitioner from submitting evidence or otherwise establishing eligibility, as registration only pertains to eligibility to file the H-1B cap-subject petition.

For more information, visit the H-1B Cap Season page.

Sours: https://www.uscis.gov/news/alerts/fy-2022-h-1b-cap-season-updates

H-1B Petition Fees

The USCIS fee for the H-1B petition is $460. USCIS requires employers to pay an additional $500 Fraud Prevention and Detection Fee when filing “initial” or “change of employer” petitions. (The $500 fee does not apply to H-1B “extension” petitions.) These two fee payments must be separate (not combined-amount) checks.

Premium Processing is an additional $2,500 fee, paid by the employing department using a separate check, to expedite USCIS processing of the H-1B petition. This fee does not expedite processing with other agencies or within UW.

It is the responsibility of the employing department to pay the USCIS fees listed above on behalf of the beneficiary of the H-1B petition. The department may not be reimbursed by the beneficiary.  To determine allowability of paying immigration and visa fees through federal grants, contact Grant and Contract Accounting at [email protected]

How to request checks through UW Procurement Services and Ariba:

  • US Department of Homeland Security check requests will be processed as a non-PO invoice in Ariba.  If you do not have non-PO invoice access in Ariba, see the Procurement Services website for instruction on how to obtain Ariba access for submitting a non-PO invoice.
  • Follow the step-by-step instructions in this Power Point Guide. It will walk you through each step of the process.
  • Prepare a separate non-PO invoice for each fee check and allow 48 hours for processing. Please note: You must complete a separate non-PO invoice per check. Ariba will not send you separate checks if combined into one invoice and USCIS will not accept combined fee payments.
  • Be sure the supplier is “US DEPT OF HOMELAND SECURITY.”
  • Use the H-1B beneficiary’s last name and first name as the reference/invoice/description, along with visa type (e.g. H-1B, I-140, etc.)
  • Be sure to select ‘Yes’ to ‘Send check to UW campus Box’ Enter Box number and/or pickup details.
  • Once received, forward the checks to International Scholars Operations (ISO) along with the other supporting documentation

ISO will send the checks with the H-1B petition and supporting documents to US Citizenship and Immigration Services (USCIS). DO NOT send the checks directly to USCIS.

In addition to the fees listed above, departments are charged a processing fee of $300, payable by cost transfer invoice (CTI), for each H-1B petition. Federal and non-federal budgets may be used to pay the processing fee (subject to the terms and conditions of the grant sponsor). Departments may not seek reimbursement of the processing fee from the H-1B beneficiary. CTI budget documentation will be sent to the Budget Contact listed on the UW H Visa Request Form.

Sours: https://ap.washington.edu/ahr/visas/h1b/fees/
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H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models

ClassificationGeneral Requirements (among others)Labor Condition Application Required?
H-1B Specialty OccupationsThe occupation requires:
  • Theoretical and practical application of a body of highly specialized knowledge; and
  • Attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.

The position must also meet one of the following criteria to qualify as a specialty occupation:

  • Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the particular position
  • The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, the job is so complex or unique that it can be performed only by an individual with a degree
  • The employer normally requires a degree or its equivalent for the position
  • The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.*

For you to qualify to perform services in a specialty occupation you must meet one of the following criteria:

  • Hold a U.S. bachelor’s or higher degree required by the specialty occupation from an accredited college or university
  • Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree required by the specialty occupation from an accredited college or university
  • Hold an unrestricted state license, registration, or certification that authorizes you to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment

Have education, specialized training, and/or progressively responsible experience that is equivalent to the completion of  a U.S. bachelor’s  or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.**

Yes. The prospective petitioner must include a Form ETA-9035/9035E, Labor Condition Application (LCA) certified by the Department of Labor (DOL), with the Form I-129, Petition for a Nonimmigrant Worker. See the links to the DOL’s Office of Foreign Labor Certification and USCIS forms to the right.

For more information see the Information for Employers & Employees page.

H-1B2

DOD Researcher and Development Project Worker

The job must require a bachelor’s or higher degree, or its equivalent, to perform the duties.  The petition must be accompanied by:

  1. A verification letter from the DOD project manager for the particular project stating that the beneficiary will be working on a cooperative research and development project or a coproduction project under a reciprocal Government-to-Government agreement administered by DOD. Details about the specific project are not required.
  2. A general description of the beneficiary's duties on the particular project and the actual dates of the beneficiary's employment on the project.
  3. A statement indicating the names of noncitizens currently employed on the project in the United States and their dates of employment and the names of noncitizens whose employment on the project ended within the past year.

To be eligible for this classification you must have a baccalaureate or higher degree or its equivalent in the occupational field in which you will be performing services. This requirement can be met based on one of the following criteria:

  • Hold a U.S. bachelor’s or higher degree required by the duties from an accredited college or university
  • Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree from an accredited college or university
  • Hold an unrestricted state license, registration, or certification that authorizes you to fully practice the duties of the job and be immediately engaged in that specialty in the state of intended employment
  • Have education, specialized training, or progressively responsible experience in the specialty that is equivalent to the completion a U.S. bachelor’s or higher degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.**
No.

H-1B3

Fashion Model

The position/services must require a fashion model of prominence.

To be eligible for this visa category you must be a fashion model of distinguished merit and ability.

Yes. The prospective petitioner must include a  Form ETA-9035/9035E, Labor Condition Application (LCA) certified by the Department of Labor (DOL), with the Form I-129. See the links to the Department of Labor’s Office of Foreign Labor Certification and USCIS forms to the right.

*For more information, see 8 CFR §214.2(h)(4)(iii)(A).

**For more information see 8 CFR §214.2(h)(4)(iii)(C).

In 2020, we implemented an electronic registration process for the H-1B cap. A cap-subject H-1B petition will not be considered 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. For more information about the H-1B registration process, visit our H-1B Electronic Registration Process webpage.

Step 1: (only required for specialty occupation and fashion model petitions): Employer/Agent Submits LCA to DOL for Certification.
The employer/agent must apply for and receive DOL certification of an LCA. For further information regarding LCA requirements and DOL's process, see the Foreign Labor Certification, Department of Labor page.

Step 2: Employer/Agent Submits Completed Form I-129 to USCIS.
The employer/agent should file Form I-129, Petition for a Nonimmigrant Worker, with the correct USCIS service center. Please see our I-129 Direct Filing Chart page. The DOL-certified LCA must be submitted with the Form I-129 (only for specialty occupation and fashion models). See the instructions to the Form I-129 (PDF, 452.47 KB) for additional filing requirements.

Step 3: Prospective Workers Outside the United States Apply for Visa and/or Admission.
Once the Form I-129 petition has been approved, the prospective H-1B worker who is outside the United States may apply with the U.S. Department of State (DOS) at a U.S. embassy or consulate abroad for an H-1B visa (if a visa is required). Regardless of whether a visa is required, the prospective H-1B worker must then apply to U.S. Customs and Border Protection (CBP) for admission to the United States in H-1B classification.

Prospective specialty occupation and distinguished fashion model employers/agents must obtain a certification of an LCA from the DOL. This application includes certain attestations, a violation of which can result in fines, bars on sponsoring nonimmigrant or immigrant petitions, and other sanctions to the employer/agent. The application requires the employer/agent to attest that it will comply with the following labor requirements:

  • The employer/agent will pay  the H-1B worker a wage which is no less than the wage paid to similarly qualified workers or, if greater, the prevailing wage for the position in the geographic area in which the H-1B worker will be working.
  • The employer/agent will provide working conditions that will not adversely affect other similarly employed workers. 
  • At the time of the labor condition application there is no strike or lockout at the place of employment. 
  • Notice of the filing of the labor condition application with the DOL has been given to the union bargaining representative or has been posted at the place of employment.

As an H-1B specialty occupation worker or fashion model, you may be admitted for a period of up to three years. Your time period may be extended, but generally cannot go beyond a total of six years, though some exceptions do apply under sections 104(c) and 106(a) of the American Competitiveness in the Twenty-First Century Act (AC21), 8 CFR 214.2(h)(13)(iii)(D) and (E).

Your employer will be liable for the reasonable costs of your return transportation if your employer terminates your employment before the end of your period of authorized stay. Your employer is not responsible for the costs of your return transportation if you voluntarily resign from your position. 

The H-1B classification has an annual numerical limit (cap) of 65,000 new statuses/visas each fiscal year. An additional 20,000 petitions filed on behalf of beneficiaries with a master’s degree or higher from a U.S. institution of higher education are exempt from the cap. Additionally, H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated or related nonprofit entities, a nonprofit research organization or a government research organization are not subject to this numerical cap.

For further information about the numerical cap, see our H-1B Cap Season page.

Your spouse and unmarried children under 21 years of age may seek admission in the H-4 nonimmigrant classification. Beginning May 26, 2015, certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, as long as the H-1B nonimmigrant has already started the process of seeking employment-based lawful permanent resident status. Please visit our Employment Authorization for Certain H-4 Dependent Spouses page to learn more.

Sours: https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations

H-1B Cap Season

We use the information provided during the electronic registration process to help us determine if a petition is subject to the congressionally mandated cap of 65,000 H-1B visas (commonly known as the “regular cap”) or the advanced degree exemption. The advanced degree exemption is an exemption from the H-1B cap for beneficiaries who have earned a U.S. master’s degree or higher and is available until the number of beneficiaries who are exempt on this basis exceeds 20,000.

Congress set the current annual regular cap for the H-1B category at 65,000. Not all H-1B nonimmigrant visas (or status grants) are subject to this annual cap. Please note that up to 6,800 visas are set aside from the 65,000 each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore free trade agreements. Unused visas in this group become available for H-1B use for the next fiscal year.

H-1B workers performing labor or services in the Commonwealth of the Northern Mariana Islands (CNMI) and Guam may also be exempt from the H-1B cap (see the Consolidated Natural Resources Act of 2008 (CNRA), Public Law 110-229). H-1B workers in Guam and the CNMI are exempt from the H-1B cap if their employers file the petition before Dec. 31, 2029. Employers cannot file a petition or an extension request for an employee more than six months before the intended employment start date.

H-1B cap-subject petitions, including those eligible for the advanced degree exemption, may not be filed unless based on a valid and selected registration for the beneficiary named in the petition.

You may file an H-1B petition no more than six months before the employment start date requested for the beneficiary. The specific filing period and filing location for your petition will be located on your H-1B Registration Selection Notice.

  1. Complete all required sections of Form I-129, Petition for a Nonimmigrant Worker, including the H Classification Supplement and the H-1B Data Collection and Filing Fee Exemption Supplement in accordance with the regulations and form instructions. You can find the H Classification Supplement beginning on page 13 of Form I-129 and the H-1B Data Collection and Filing Fee Exemption Supplement beginning on page 19. Current versions of forms are available at uscis.gov/forms.
  2. You must indicate a start date of Oct. 1 or later (and 6 months or less from the receipt date of the petition) on your petition or your petition will be rejected or denied.
  3. You must provide a copy of the H-1B Registration Selection Notice for the registration filed by your organization on behalf of the beneficiary with the petition. Ensure that you have also entered the corresponding “Beneficiary Confirmation Number” on the H Classification Supplement (Page 13, Question 5).
  4. Ensure that any information provided during the electronic registration process matches the information provided on the petition. If any information does not match, you should provide an explanation with your petition and supporting documentation as to why there was a change or why the information does not match. If information on the registration and petition does not match, USCIS may reject or deny the petition. USCIS encourages the use of a brightly colored coversheet flagging the issue as a good way to ensure that this is reviewed upon receipt.
  5. Make sure each form has an original signature, preferably in black ink. Ensure all signatures comply with Policy Memorandum PM-602-0134.1: Signatures on Paper Applications, Petitions, Requests, and Other Documents Filed with U.S. Citizenship and Immigration Services.
  6. Include signed checks or money orders with the correct fee amount. Please submit separate checks for each fee associated with the filing. Place all checks on the top of your petition packet.
  7. Submit all required documentation and evidence with the petition at the time of filing to ensure timely processing.
  8. Ensure that the Labor Condition Application (LCA) properly corresponds to the position in your petition.
  9. You must file the petition with the correct USCIS service center. See the section below on Where to Mail Your H-1B Cap-Subject Petition.

Note: It is your responsibility to ensure that Form I-129 is completed accurately and submitted properly.

Labor Condition Application (LCA)

When filing your H-1B petition with USCIS, you must include evidence that an LCA (ETA 9035) has been certified by the U.S. Department of Labor. This may include a copy of the signed, certified LCA. Note: USCIS encourages petitioners to keep Department of Labor LCA processing times in mind when preparing the H-1B petition and to plan accordingly. If the LCA was previously submitted in a petition that has been approved, you must submit a list including the name and USCIS case receipt number of any foreign worker who has previously used the LCA. You may not use an LCA for more workers than specified in Part B, Question 7 of the LCA.

Please see the Department of Labor’s Office of Foreign Labor Certification website for more information on the LCA process.

Evidence of Beneficiary’s Educational Background

You must submit evidence of the beneficiary’s education credentials (with English translations when applicable) at the time you file your petition. If the beneficiary has met all of the requirements for a degree, but the degree has not yet been awarded, you may submit the following alternate evidence:

  • A copy of the beneficiary’s final transcript; or
  • A letter from the registrar confirming that the beneficiary has met all of the degree requirements. If the educational institution does not have a registrar, then the letter must be signed by the person in charge of educational records where the degree will be awarded.

If you indicate that the beneficiary is qualified based on a combination of education and experience, please provide substantiating evidence at the time you file your petition.

A Copy of the H-1B Petition

If the beneficiary will be applying for a nonimmigrant visa abroad, we strongly encourage you to submit a copy of your H-1B petition and all supporting documents with your petition. If you receive a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) then you should also submit a copy of your response.

We also strongly encourage you to submit a copy of the petition and any subsequent response to an RFE or NOID even if the beneficiary is requesting a change of status to H-1B or an extension of stay. This may assist the beneficiary with consular processing if he or she later decides to seek a visa abroad or the H-1B petition is approved but the change of status or extension of stay request is denied.

If you do not submit a copy, this may delay processing for this petition or for the visa abroad.

You can check the Department of State website to make sure that the consulate indicated on Form I-129 is able to process the beneficiary’s nonimmigrant visa application. You can also check for any instructions specific to that consulate.

Petitioners may not file multiple or duplicative H-1B petitions for the same beneficiary. To ensure fair and orderly distribution of available H-1B visas, we will deny or revoke multiple or duplicative petitions filed by an employer (including its related entities) for the same H-1B worker and will not refund the filing fees. Multiple or duplicative petitions will be denied or revoked even if they are filed pursuant to a selected registration. For additional information, please see 8 CFR 214.2(h)(2)(i)(G); PM-602-0159, Matter of S- Inc., Adopted Decision 2018-02 (AAO Mar. 23, 2018) (PDF, 123.38 KB).

You must file your petition with the correct service center, as indicated on your Registration Selection Notice. We have specific mailing addresses for cases that are subject to the H-1B cap. To determine the correct mailing address for the service center named on your Registration Selection Notice, see our Direct Filing Addresses for Form I-129, Petition for a Nonimmigrant Worker page.

Please read the filing instructions carefully. If you file your petition at the wrong location, we may reject it. Rejected petitions will not retain a filing date. You are eligible to refile your rejected petition with the correct service center during the designated 90-day filing window on your Registration Selection Notice.

There are different fees depending on the type of H-1B petition you are submitting. Please refer to the H and L Filing Fees for Form I-129, Petition for a Nonimmigrant Worker page for detailed instructions on H-1B fees. All petitioners must pay a base filing fee for each petition filed. Go to the Form I-129, Petition for a Nonimmigrant Worker web page for the current filing fee amount.

In addition to the base filing fee, you may need to pay one of the following fees for a petition subject to the cap:

American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee:

  • $750 for employers with 1 to 25 full-time equivalent employees, unless exempt
  • $1,500 for employers with 26 or more full-time equivalent employees, unless exempt

The ACWIA fee information is available in Section 2 of the H-1B Data Collection and Filing Fee Exemption Supplement on pages 19-21 of Form I-129.

Fraud Prevention and Detection fee:

  • $500 to be submitted with a request for initial H-1B status or with a request for a beneficiary already in H-1B status to change employers. (This fee does not apply to Chile/Singapore H-1B1 petitions.)

Public Law 114-113 fee:

  • $4,000 for petitioners who:
    • Employ 50 or more employees in the United States and more than 50% of those employees are in H-1B or L-1 nonimmigrant status. You must submit this fee with a request for initial H-1B status or a request for a beneficiary already in H-1B status to change employers.

Checks

Check must be:

  • Payable to the Department of Homeland Security;
  • Dated within the last six months; and
  • Include the proper amount and signature.

We prefer that you submit a separate check for each fee. For example, if you are required to pay the base filing fee, the fraud fee, and the ACWIA fee, you should submit three separate checks. If you only submit one check as combined payment for all applicable fees and certain fees do not apply or are incorrect, we will reject your H-1B petition.

Money Orders

Money orders must be properly endorsed.

Incorrect Filing Fee

We will reject all petitions submitted with the incorrect filing fee.

Preferred order of documents at time of submission:

  1. Form G-28 (if represented by an attorney or accredited representative)
  2. Copy of the Registration Selection Notice for the Beneficiary Named in the Petition
  3. Form I-129, Petition for a Nonimmigrant Worker
  4. Addendums/Attachments
  5. H Classification Supplement to Form I-129 and/or Free Trade Supplement (for H-1B1 Chile-Singapore petitions)
  6. H-1B Data Collection and Filing Fee Exemption Supplement
  7. All supporting documentation to establish eligibility. Provide a table of contents for supporting documentation and separate 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/attorney/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.

How to mail multiple petitions together

If you will include multiple petitions in the same package, please place the individual petitions into separate envelopes within the package.

Form G-28, Notice of Entry of Appearance as Attorney or Representative

If you will be represented by an attorney or other accredited representative, submit a properly completed Form G-28, Notice of Entry of Appearance as Attorney or Representative. For further information on Form G-28, please see our Filing Your Form G-28 page.

Form I-129, Petition for a Nonimmigrant Worker

  • Complete all required sections of the form accurately and in accordance with the regulations and form instructions.
  • H-1B cap petitions and advanced degree exemption petitions for the FY 2022 cap must include an employment start date of no earlier than Oct. 1, 2021. You must indicate a start date of Oct. 1, 2021 or later (and six months or less from the receipt date of the petition) on your petition or your petition will be rejected or denied. Do not file petitions earlier than six months before the requested employment start date. We will reject H-1B petitions requesting an employment start date or a start date of “As Soon As Possible” or “ASAP.”
  • Ensure that you have entered the “Beneficiary Confirmation Number” on the H Classification Supplement (Page 13, Question 5).
  • Ensure that the petition is properly signed.
  • Petitioners should enter their own address in Part 1, question 3 of the Form I-129. This will ensure that the I-797 receipt and approval notices are sent to the petitioner and, if applicable, to the attorney/representative.
  • While not required information if the beneficiary is outside the United States, you may include the beneficiary’s passport number on Form I-129. The passport number, when available and included on Form I-129, may help USCIS to confirm that the beneficiary named in the registration notice is the same individual as the beneficiary named in the petition and avoid processing delays.
  • Ensure that the beneficiary’s name is spelled properly and that his or her date of birth is displayed in the proper format (mm/dd/yyyy). Also, review the country of birth and citizenship and the I-94 number (if applicable) for accuracy.
  • Ensure that any information provided during the electronic registration process matches the information provided on the petition. If information between the registration and petition does not match, the petition may be rejected or denied. If any information does not match, you should provide a written explanation and supporting documentation as to why there was a change or why the information does not match.
  • If the beneficiary will seek a visa at a consular office abroad, include a copy of the petition and supporting documentation with the filing. For cases where the beneficiary will seek a change of status or extension of stay in the United States, you may still submit a copy. You may choose to do this in case the beneficiary decides to seek a visa at a consular office abroad after the change of status or extension of stay is approved.
  • If the beneficiary is seeking an extension of stay or change of status, the petition should include evidence (such as a Form I-94 or Form I-797 approval notice) to establish that the beneficiary will have maintained a valid nonimmigrant status through the employment start date being requested.
  • Include a copy of the beneficiary’s valid passport.

H Classification Supplement to Form I-129

  • You can find the H Classification Supplement beginning on page 13 of Form I-129.
  • Please be sure to complete all required sections of the form accurately and in accordance with the regulations and the form instructions.
  • In listing previous periods of stay in H or L nonimmigrant classification (question 3), please also include the actual nonimmigrant classification held (such as H-1B or L-1).
  • The petitioner must sign the form, preferably in black ink.

H-1B Data Collection and Filing Fee Supplement

  • You can find the H-1B Collection and Filing Fee Supplement beginning on page 19 of Form I-129.
  • Please be sure to complete all sections of the form accurately.
  • Make sure you are filing a valid edition of Form I-129, as specified in the Edition Date section on the Form I-129 page.

If you filed an H-1B cap petition in a timely manner but received notification from the delivery service that suggests that there may be a delay or damage to the package or that the package was misrouted, during the designated 90-day filing window on your Registration Selection Notice you may file a second H-1B petition with a new fee payment and the following:

  • An explanation as to why a second petition is being filed, with supporting evidence, such as the notice from the delivery service; and
  • A request to withdraw the first petition filed for the H-1B cap.

If you do not include these items, you will be considered to have submitted duplicate petitions. USCIS will deny or revoke multiple or duplicative petitions filed by the same petitioner, for the same H-1B worker in the same fiscal year and will not refund the filing fees.

If you properly file a second H-1B petition and withdraw the first, USCIS will withdraw the first petition and proceed with adjudication of the second petition.

Sours: https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-cap-season

H1b uscis

USCIS Conducts Second Random Selection from Previously Submitted FY 2022 H-1B Cap Registrations

In March 2021, USCIS conducted an initial random selection on properly submitted electronic registrations for the fiscal year (FY) 2022 H-1B cap, including for beneficiaries eligible for the advanced degree exemption. Per regulation, we use historical data related to approvals, denials, revocations, and other relevant factors to calculate the number of registrations needed to meet the H-1B cap for a given fiscal year. Only those petitioners with selected registrations for FY 2022 are eligible to file H-1B cap-subject petitions. The initial filing period for those with selected registrations for FY 2022 was from April 1, 2021, through June 30, 2021.

We recently determined that we needed to select additional registrations to reach the FY 2022 numerical allocations. On July 28, we selected previously submitted electronic registrations using a random selection process. The petition filing period based on registrations selected on July 28 will begin on Aug. 2 and close on Nov. 3. Individuals with selected registrations will have their myUSCIS accounts updated to include a selection notice, which includes details of when and where to file.

An H-1B cap-subject petition must be properly filed at the correct service center and within the filing period indicated on the relevant registration selection notice. Online filing is not available for H-1B petitions. Petitioners filing H-1B petitions must do so by paper and must include a printed copy of the applicable registration selection notice with the FY 2022 H-1B cap-subject petition.

Registration selection only indicates that petitioners are eligible to file H-1B cap-subject petitions; it does not indicate that the petition will be approved. Petitioners filing H-1B cap-subject petitions, including those petitions eligible for the advanced degree exemption, must still submit evidence and establish eligibility for petition approval based on existing statutory and regulatory requirements.

For more information, visit the H-1B Cap Season page.

Sours: https://www.uscis.gov/news/alerts/uscis-conducts-second-random-selection-from-previously-submitted-fy-2022-h-1b-cap-registrations
H1B Visa FY 2022 Second Round Lottery Results - 27K Selected, Third Round ? Analysis, News

Check Case Processing Times

You may be a member of the class action,

Rosario v. USCIS

, Case No. C15-0813JLR, if USCIS does not adjudicate within 30 days your initial (first) Form I-765,

Application for Employment Authorization

, based on your pending asylum application, AND:
  • You are a member of either CASA de Maryland (CASA) or the Asylum Seeker Advocacy Project (ASAP) and are entitled to limited relief under the injunction in

    CASA de Maryland Inc. et al. v. Chad Wolf et al.

    ; or
  • You filed your Form I-765 before Aug. 21, 2020, and it has not yet been adjudicated.
Please see the www.uscis.gov/rosariowebpage for further information about the

Rosario

class action and how to investigate the status of your employment authorization application.
USCIS has updated the method for determining I-765 processing times to provide more precise information to the public. As part of this update, we are providing processing times for additional I-765 sub-types. For more information about this updated method, please visit the

Case Processing Times

page.
Sours: https://egov.uscis.gov/processing-times/

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Having put Nastya on the table, I began to process her holes with my tongue, this time I did not stop only. On her pussy, the coveted ass also got a share of caresses - I had already decided that I would try to fuck Nastya in the ass. Licking her clitoris and cunt, I slowly introduced my fingers into her ass, stretching the entrance into a narrow hole, Nastena did not protest.

The contraction of the sphincter, in which at that moment there were already three fingers and a loud moan, marked Nastya's orgasm, she, like.



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