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Do not wait until the last day to submit H1B registration application?

Published: 02/02/2023

10 Hot Tips for Employers to Review This H-1B Cap Season:
  1. Employers should be prepared for another abysmal lottery selection rate in the absence of Congress increasing the statutory cap on H-1B visas. If an employer is considering delaying submitting an H-1B registration application for another year for their F-1 OPT STEM eligible employee, since they can be work authorized for up to three years without sponsorship, then reconsider! Employers should evaluate entering an employee into the lottery as soon as possible to give them multiple opportunities for selection.
  2. There is no limit on the number of registration applications that can be submitted by a single employer. However, employers can only submit one registration application per employee.
  3. H-1B registration applications can only be filed online through the USCIS registration website, and only during the designated registration period. First-time users must create an employer account on the USCIS registration website. The USCIS will announce when employers may create this account. Employers should create their account as soon as possible to avoid system delays or crashes.
  4. If an employer has difficulty accessing the USCIS registration website, they should try a different browser, or clear/delete cookies before logging into their account. There has been past reports of users having difficulty with Google and Safari browsers. Firefox tends to be more reliable.
  5. Do not wait until the last day to submit a registration application! Again, it is possible for the website to become unstable and crash before the filing deadline.
  6. H-1B registration selections are non-transferable. The registration can only be used by the employer who submitted the H-1B registration application for the selected employee.
  7. Viable H-1B sponsorship requires a job offer in a “Specialty Occupation,” where a Bachelor’s degree or higher is the normal minimum hiring requirement for all U.S. workers filling similar roles in the industry, and your employee has that specific education. Also, there are alternate options under 214.2(h)(4)(ii), including candidates that may qualify based on work experience evaluations.
  8. You must be a legitimate employer with sufficient funds to support a salary that satisfies prevailing wage requirements for that particular type of work in the city where it will be performed. Telecommuting is an option. However, be forewarned if the employee will work from home, particularly in big cities where the prevailing wage rate may be higher, employers will be obligated to pay the higher prevailing wage rate.
  9. Certain F-1 Students with “OPT” work authorization expirations during the summer may be eligible for an automatic “cap gap” extension of their work authorization through October 1st. This rule only applies to H-1B petitions filed and accepted by USCIS for processing before the F-1 Student’s OPT work authorization expires.
  10. For I-9 compliance tracking, “cap gap” work authorization for OPT Students ends on September 30th, even if your H-1B petition for that employee is still pending with USCIS.
 
Read More :Dickinson-wright

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