H1B Visa Registration Process by USCIS - Common FAQs article

27 H1B Registration Process FAQs – LCA, Multiple Employers, Results, Fee

In H1B Visa by KumarUpdated : Leave a Comment

USCIS in their stakeholder call provided guidance for the upcoming H1B Visa 2021 season’s implementation of H1B registration rule’s process, where they shared lot of updates on H1B Registration Tool, Dates, Payments and other topics for the fiscal year 2021 season.  They also clarified many common FAQs in the call. Also, our users asked many questions on the upcoming registration Process, we have compiled all of them in this article, will continue to update as new FAQs come in.

Before we get into the FAQs, below are the key dates that you need to be aware of for H1B registration process for FY 2021.

Important Dates for H1B Registration Process for FY 2021

  • February 24th, 10 AM, EST, 2020 : Employers can create H1B registrant accounts
  • March 1st, Noon EST, 2020  : Employer can start to submit H1B Registrations
  • March 20th , Noon EST, 2020 : H1B Registration period ends.
  • March 31st, 2020 : H1B Lottery/ Selection Results Deadline (can come before).
  • April 1st, 2020 : USCIS accepts H1B petition with LCA, full info for FY 2021
  • June 30th, 2020 : 90 Days deadline ends for filing of H1B petitions for FY 2021

Common FAQs for FY 2021 H1B Registration Process

1. Do employers need LCA for submitting the H1B Registrations in the tool ?

No, there is no need to have approved LCA for the H1B registration process. You only need to fill basic information of the application. You will need to submit that with actual petition, if you get selected in the registration process.

2. Can same Applicant be registered by Multiple Employers or Companies for H1B ?

Yes, same applicant or beneficiary can be registered by completely different multiple companies, as long as they are not related in any way. For example, two employers like Microsoft and Google can submit H1B registration for the same candidate or beneficiary. But, two related employers like two vendor companies or subsidiaries cannot submit multiple registrations for the same beneficiary that are tied to the same job role.

3. For Masters Degree Cap, does the beneficiary needs to have Masters Degree in hand ?

No need to have the actual degree in hand or completed during H1B registration period. If they can demonstrate and submit the Master’s degree supporting documentation during submission of the full H1B application with USCIS, it will be fine.

4. When will we get H1B Lottery Results for H1B Registrations ?

USCIS Plans to complete registrations process and announce results for H1B Visa Lottery it no later than March 31st.

5. I already have an account with USCIS, can I use that for H1B registrations ?

No. you will need to create a new H1B registrant account by selecting the option of “I am an H1-B registrant”, during the sign-up process.

6. Will we have premium processing for FY 2021 ?

USCIS will share these details closer to the submission of the application. At this point, no update on this.

7. Will errors or Duplicates in a Batch of applicants or beneficiaries affect others in same batch ?

No, it will not affect others in the same batch. Only the duplicate entries will be impacted. They will be denied.

8. If something goes wrong with the system, what is the backup option ?

USCIS will go back to paper processing, if any disaster happens with the current process as backup option.

9. Can multiple legal entities under a group use multiple accounts and profiles? Separate legal entities as Petitioner?

Yes, as long as they have separate EIN numbers. If separate EIN number, then you would have separate accounts for those.

10. Can related entities file same beneficiary for the same job ? How will they be caught?

No, related entities cannot file the same beneficiary for the same job. They will be caught during the H1B application submission process.

11. For registrants, can the authorized signatory be changed during process ? Multiple emails or contact info for the registrant accounts ?

Transfer of registrant account is not something at this point. That account is owned and used by only the authorized signatory and multiple contact info cannot be used. This is a future enhancement that USCIS can do.

12. Are there any appeals for Errors with Registrations done by Registrants ?

No, there is no appeals process for mistakes or errors.

13. Can I see how many registrations are submitted by other companies or total ?

No, registrants cannot see others information or total info on the registrations done.

14. How will the registrants be notified for the Lottery results ?

As per the choice picked by the registrant like SMS or email. Once they open, they will be able to see the registration selection info in the account and can print the selected notice.

15. Which Service Center should the H1B petition be filed ? Where ?

The employers have to file at the service center that is on the H1B Selection Notice and within the time frame of the filing. You can download the selection notice from the H1B registration Portal.

16. Will we get I-797 Notice during registration ? Any paper notice ?

No, there will not be any paper notice. It will through the tool and electronic only.

17. What are the details of H1B applicant required for H1B Registration ?

Employer or H1B sponsor need the below details of beneficiary / applicant :
• Legal Name (First, Middle and Last name)
• Gender
• Option related to US Master’s Quota Eligibility
• Date of Birth
• Country of Birth
• Country of Citizenship
• Passport Number ( If no passport, there is an option to check a box)

18. Can I use H1B Registration Selected from One company and use it to file H1B application from Another employer ?

No, there is no such option for H1B transfer during H1B registration. Only your employer who submitted H1B registration can submit your H1B petition with USCIS, if selected in registration process.

19. Can I travel during H1B Registration Period ? Does it impact my Lottery Chances ?

No, there is not restriction as such for travel during the H1B registration period. It will not impact lottery chances. But, if you plan to file as Change of Status, you should be back in US by April 1st or before your actual H1B application is filed with USCIS.

20. Can H1B Applicant or Beneficiary create an account and submit registration on behalf of employer and then have employer file the actual application ?

No, the H1B registration process has to be done by employer or their immigration attorney, who represents their company.

21. What is the fee for each H1B Registration ?

$10 USD per H1B registration or beneficiary. Example, if employer submits 100 registrations, then it will be $1000 USD fee that employer need to pay.

22. What are the Payment Options for H1B Registration Submission ?

Pay with checking or Savings Account (ACH) or You can pay with Debit or Credit Card. Payment is handled by Pay.gov website and not USCIS.

23. Is there a login for H1B Applicants to access their H1B Registration or Check results ?

No, H1B registrations are submitted by Employers or their attorney. They only have access to the system. You need to work with them to get the H1B registrations results / H1B lottery results.

24. For H1B Registration, do we need to provide details of OPT or STEM OPT, if working on F1 ?

No, there is no need to provide any details of OPT or STEM OPT in registration process. Only you need to select, if you qualify for US Masters quota or not during registration.

25. Is there any additional fee for employer to create H1B Registrant Account ?

No, the H1B registrant account by itself is free. The employer only pays for the number of H1B registrations they submit during the registration window.

26. If filed Multiple Registrations and Selected in more than one, Can I withdraw the selections and not file ?

No, there is no concept of withdrawing of selected H1B Registrations. If you are selected, you are supposed to file H1B petition for the same. If allowed, many will abuse the system and do fraud. See below FAQ, it has screenshot of the mandatory filing.

27. Is it mandatory for an Employer to file H1B Petition, if Selected in Registration Process ?

Yes, it is mandatory to file. In the initial ruling, they did not clarify it. But, now when you submit H1B registration in the Tool, you need to check a box and sign telling that you will file H1B petition. See below screenshot. You are signing it under ‘Penalty of Perjury’, which means, if you violate it, you can be fined, or imprisoned for up to 5 years, or both.. H1B Registration Mandatory Filing - No Withdraw Rule

Did we miss anything ? Please share your questions or thoughts in Comments.

   

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