H-1B Visa page for H1B season 20202020-03-20T17:05:29+00:00

H-1B CAP Information

H-1B CAP 2020 (FY 2021) Registration Information

USCIS H-1B Registration Ends at noon ET 3/20/20.

Registration Selection Notifications

As stated on the USCIS website, the Service intends to notify registrants and their representatives with selected registrations via their USCIS online accounts no later than March 31, 2020. April 1st will be the earliest a selected petition may be filed with the USCIS.

A registrant’s USCIS online account will show one of the four following statuses for each registration:

Submitted: A registration status may continue to show “Submitted” after the initial selection process has been completed. “Submitted” registrations will remain in consideration for selection until the end of the fiscal year, at which point all registration statuses will be Selected, Not Selected or Denied.

Selected: Selected to file an FY 2021 H-1B cap-subject petition.

Not Selected: Not selected for this fiscal year.

Please note that a registration will not reflect a status of Not Selected until the conclusion of the fiscal year. In the event that USCIS determines that it needs to increase the number of registrations projected to meet the H-1B regular cap or the advanced degree exemption allocation, USCIS will select from registrations held in reserve to meet the H-1B regular cap or advanced degree exemption allocation.

Denied: The same registrant or representative submitted more than one registration on the beneficiary’s behalf for the same fiscal year. All registrations the registrant or representative submitted on behalf of the same beneficiary for the same fiscal year are invalid.

H-1B cap-subject beneficiaries, including those eligible for the advanced degree exemption, must have a “Selected” registration notification in order for a registrant or representative to properly file an H-1B cap-subject petition for FY 2021. Registrants and representatives will not be notified until the end of the fiscal year if they are not selected. The status of registrations not selected as part of any initial random selection process and not denied will remain as “Submitted.”

Other Key Dates

·         March 31: Date by which USCIS intends to notify selected registrants.

·         April 1: The earliest date that FY 2021 H-1B cap-subject petitions may be filed.

Quick Reference Guide to Some Important Forms and Fee Increases for H-1B Employers

Form Number Name/Title Current Fee Proposed Fee
I-129 Petition for a Nonimmigrant worker

  1. I-129H-1 (H-1B and H-1B1); see  Proposed I-129H-1 Petition (Form)  and Proposed 129H-1 Petition (Instructions)
  2. I-129O (O-1)
  3. I-129E&TN (E and NAFTA TN)
  4. I-129MISC (H-3, P, Q, or R)
  5. I-129L (L-1)

At present, the USCIS requires the payment of $460 for Form I-129 (all categories). Under the proposal fee increase rule, the Service will require distinct forms for each H category with new fees. See Proposal supplemental information, for the proposed forms.

  1. $560
  2. $715
  3. $705
  4. $705
  5. $815
I-140 Immigrant Petition for Alien Worker $700 $545
I-485 Application to Register Permanent Residence or Adjust Status

Currently, this fee includes EAD (I-765) and Advance Parole fees (I-131); however, under the proposed fee increase, applicants will be required to pay separately for this fee.

$1,140 $1,120
I-131 Application for Travel Document (including advance parole) $575 $585
I-765 Application for Employment Authorization $410 $490
I-539 Application to Extend/Change Nonimmigrant Status $370 $400
I-290B Notice of Appeal or Motion $675 $705

Kidambi & Associates has started processing H-1B CAP petitions for this year and we encourage you to contact us early to initiate processing.  Please sign up for updates from our office below.

If not familiar with our CAP intake process, kindly contact us for process steps and checklists. Congress set the current annual cap for the H-1B category at 65,000. Not all H-1B nonimmigrant visas 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. An additional 20,000 H-1B petitions are set aside for the U.S. advanced degree exemption.

Important Notes for this year:

1. Candidate Backgrounds and documentation:

* Ensure degrees are related (in the relevant field) and candidates have submitted copies of all degrees and transcripts;

* where the degree is an unrelated field, the candidate must possess a minimum of three years of experience in the field to qualify for the position

* Letters of experience must be detailed and provide progressive experience and skills used. Additional care must be taken to provide exact dates of prior employment

* An evaluation of education and experience will be required to complete the process and takes additional time

* Please upload documentation as one continuous feed as opposed to multiple documents

* Review your scans to ensure they are legible and the seal of the university is clearly visible with date of graduation on the degree certificate

* Do no upload extraneous certificates (e.g., best student award, most valuable employee certificate, etc.)

2. Salary:

* The USCIS is evaluating positions based on salary. Level 1 salaries for a majority of technology related positions are no longer considered to be acceptable for H-1B positions

3. Master’s CAP

* Candidates eligible for the Master’s CAP must already have the degree certificate, or obtain a letter from the registrar confirming that all of the degree requirements have been met. If the educational institution does not have a registrar, then such a letter must be signed by the person in charge of educational records where the degree will be awarded.

* Please have the candidate obtain all copies of prior I-20s and proper endorsement if the candidate is currently employed on a CPT

* Additionally, provide proof that the candidate’s school is authorized to grant CPT and is an integral part of the curriculum

* CPTs issued immediately upon joining a program of study are suspect and may not be valid

* Multiple CPT/OPT candidates will run into additional scrutiny

4. Consulting Companies

* Must document “Right to Control” the work assignment; letters, emails or other forms of acknowledgment must be submitted in advance

* Documentation of employer-employee relationship must be submitted (contracts through the chain to the end-client)

* Additionally, check and ensure the employer’s VIBE profile is updated and reflects accurately the current profile of the Company

* All online profiles of the Company must the most recent information. Check FB, Linkedin, D&B prior to filing

5. Checks

* Checks should preferably be printed and contain accurate information

* Checks should be printed with MICR ink

* Make all checks payable to U.S. Department of Homeland Security

* Checks should be recently dated for April 1st filing; US Postal Money Orders are the only acceptable alternative

6. Recently Incorporated Entities

* Please immediately schedule an appointment to go over requirements

* Establish a D&B number and VIBE profile

* Establish an online presence

* Obtain a professional business plan and be prepared to establish qualifying H-1B work

We look forward to working with you again!

5Feb, 2021

FY 2022 H-1B Cap Initial Registration Period Opens on March 9

USCIS today announced that the initial registration period for the fiscal year (FY) 2022 H-1B cap will open at noon Eastern on March 9 and run through noon Eastern on March 25. During this period, prospective petitioners and representatives will be able to [...]

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