U.S. Citizenship and Immigration Services (USCIS) has recently announced the implementation of the H-1B registration process for H-1B cap-subject Petitions. The H-1B Petition registration period will begin on March 1, 2020. Starting on that date, USCIS will require H-1B cap-subject petitioners, including those eligible for the advanced degree exemption, to register electronically with USCIS and pay the associated H-1B registration fee. Only those registrations that are selected in the cap will be being eligible to properly file an H-1B cap-subject petition for the Fiscal Year 2021 H-1B numerical allocations.
We are pleased to provide information below regarding the H-1B cap process for our clients which will encompass two separate steps: (1) creation of a myUSCIS account; and (2) H-1B online cap registration. For a timeline of H-1B application process click here.
On what date can you (a sponsoring employer) begin to create a myUSCIS account?
Employers may visit the myUSCIS online portal at https://my.uscis.gov/ beginning at 10:00 AM EST on February 24, 2020 to create their myUSCIS accounts for the fiscal year 2021 H-1B Cap Registration. Please note that while you are able to begin creating an account on this date, the ability for employers, attorneys, and/or representatives to add registration information regarding H-1B applicants will not be available on myUSCIS until noon (12:00 PM) EST on March 1, 2020.
Who should create the myUSCIS account for my organization?
The person who will act as the authorized signatory for any documents associated with fiscal year 2021 cap-subject H-1B petition filings must create the myUSCIS account.
Importantly, when the authorized signatory approves the registration information that will be put into the myUSCIS account by the authorized attorney during the H-1B registration period mentioned above, they must make several attestations regarding the information in the registration and the organization’s intent to file an H-1B petition. Specifically, the authorized signatory will be required to certify that they have reviewed each registration and that all of the information contained in the registration is complete, true and accurate. In addition, the signatory must confirm the organization’s intent to file an H-1B petition on behalf of the beneficiary named in the registration, if the beneficiary is selected. It is therefore critical that the individual providing this confirmation have the authority to so bind the sponsoring organization.
The authorized signatory will be required to provide their electronic signature confirming they have read and agree to the above statement by typing their full, legal name into the box provided. Additionally, the authorized signatory will be required to confirm they can read and understand English and that they have read and understand every question and instruction on the registration.
How do you create a myUSCIS account?
- Go to https://my.uscis.gov/.
- Click “Tools”.
- Under Self Service Tools, click “myUSCIS”.
- Click “Sign Up”.
- Enter the Email address of the client authorized signatory (will also need to re-enter this information to confirm the email address is correct).
- Click “Sign Up”.
- Create and confirm a password that is between 8 and 64 characters and can contain letters, numbers, and special characters.
- myUSCIS requires Two-Step Verification of a user’s identity. This means myUSCIS will send a code via the method chosen by the account holder to grant access to the account. The code can be sent by one of three methods: Via an authentication app that is installed on a mobile device, via SMS Text Message, or via Email. The client will need to choose the method by which they would like to receive this code each time they log on to their myUSCIS account.
- Choose 3 questions and provide 3 answers for Password Reset should you need to regain access to an account if locked out.
- Select Account Type – Employers must select the option that states “I am an H-1B Registrant”.
- At this point, you will receive confirmation that the myUSCIS account has been created.
Is there a registration fee?
USCIS will require a $10 non-refundable fee for each H-1B registration submitted, and Maggio + Kattar can pay this fee when submitting registrations on behalf of your organization. You do not need to pay a registration fee when creating your myUSCIS account. We will send invoices to you for the registration fees paid for any H-1B cap-subject cases.
How can you link your account to Maggio + Kattar?
Once you confirm that you have created the myUSCIS account, we will create a G-28 for each company through the attorney/representative’s myUSCIS portal. This can only occur once the registration period is open. We will then provide you with a passcode enabling you to access the G-28 for review, and then Accept or Decline the G-28. You should check the box that appears instructing you to have notices sent to Maggio + Kattar, then select “Submit the G-28”. Once this is complete, the accounts should be linked.
What if I need help?
If you need assistance with account creation, please reach out to the Maggio + Kattar team members with whom you typically correspond on for case matters.
How long will the initial H-1B registration filing window remain open?
The initial H-1B registration period will open at noon (12:00 PM) EST on March 1, 2020 and will close at noon (12:00 PM) EST on March 20, 2020.
Can Maggio + Kattar submit electronic registrations on behalf of its clients?
Yes, we may submit H-1B registrations on behalf of our clients provided we have submitted a Form G-28 for each company and linked the registration account to the attorney account.
When the H-1B registration period has opened, we can then proceed with entering H-1B registrations on behalf of your company. Once registrations are entered by Maggio + Kattar, myUSCIS will prompt you to Accept or Decline registrations after thoroughly reviewing all information entered by our law firm. Yourorganization’s signatory will need to acknowledge they can read and understand English and verify and sign The authorized signatory for your organization will then press “Finish and Send” to send the information back to Maggio + Kattar via myUSCIS for the attorney to complete the registration.
How should employers with has multiple entities (e.g. subsidiary, affiliate, and parent), create their myUSCIS account?
An employer with multiple entities/employers may have one-person act as the authorized signatory for multiple entities/employers, but a unique email address and a separate myUSCIS account will be required for each entity/employer.
Additional information regarding registration of potential H-1B beneficiaries:
What information will need to be provided to Maggio + Kattar in order for us to enter H-1B registrations on your behalf? Please note, for most of our clients, we already have the information below.
Each employer will need to provide the following information:
- Legal name of the prospective petitioning company or organization
- The Doing Business As (DBA) names of the prospective petitioning company or organization, if applicable.
- Employer Identification Number (EIN) of the prospective petitioning company or organization
- Primary U.S. office address of the prospective petitioning company or organization
- Legal name, job title, and contact information (daytime phone number and email address) of the authorized signatory.