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Form I-5 Process 5 Clarifications On Form I-5 Process

The U.S. Department of Homeland Security on November 8th 2019 appear a final aphorism to authorize an cyberbanking allotment affairs for H-1B petitions for FY 2020. This new H-1B allotment will crave a $10.00 allotment fee for the cases that will accept to be filed by the April 1st, 2020 cap division deadline.

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In the absorption of expediency, we accept that one of the capital goals of the new adjustment is to conduct the H-1B action afore accepting petitions so that -to-be H-1B administration apperceive (in advance) if the case will be called in the action afore appointment a abounding and complete H-1B filing to the USCIS.

Another one of the above changes that was implemented was to about-face the adjustment as to how the action was to be conducted with an eye adjoin accretion the cardinal of U.S. Masters amount holders that would be able to access an H-1B number.

On November 4th, 2019, the Director of USCIS, Ken Cuccinelli, declared that he has a “fairly aerial amount of certainty” that USCIS will be accessible to apparatus the apparatus for the accessible H-1B 2020 cap season, and that he accepted that the USCIS will accomplish a academic advertisement by the end of the year.

To date, we anticipate a academic advertisement about the accomplishing of the new H-1B cyberbanking allotment process. Stakeholders accept been told that the H-1B cyberbanking allotment action is still ability beta testing and is not yet active.

While USCIS may afresh append accomplishing of the H-1B allotment affairs for the accessible 2020 cap season, our clearing law offices are advising administration to beforehand beneath the acceptance that the new H-1B allotment affairs will be absolutely anatomic and absolutely implemented for the accessible cap season.

This Q&A beneath is acclimatized from advice accessible about the H-1B affairs and has been adapted to accommodate -to-be H-1B administration and H-1B advisers with advice about how to adapt for the allotment action if it is absolutely implemented for the April 2020 H-1B nonimmigrant Acceptance Address cap season.

Answer: It is a USCIS arrangement to adviser the cardinal of H-1B cap petitions submitted and to conduct the H-1B action afore the address is submitted.

Answer: The allotment is alone for -to-be cap-subject petitions (i.e. not for cap-exempt administration such as universities or able analysis institutions nor, advisers who accept been already counted adjoin the cap).

Answer: The USCIS has declared that it will advertise in the Federal Annals back it affairs to convention allotment and then, already it does, the action will “roll out” as follows:

1. The antecedent allotment aeon will be appear at atomic 30 canicule in beforehand and there will be stakeholder outreach;

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2. Antecedent allotment aeon will activate at atomic 14 canicule afore the aboriginal day of address filing (April 1) and will aftermost at atomic 14 agenda days;

3. If selected, a -to-be H-1B employer has at atomic 90 canicule to book H-1B petition; and

4. USCIS may re-open allotment at anytime (there would be no apprehension required).

Answer: There will be a $10.00 non-refundable government filing fee to electronically book the H-1B nonimmigrant assignment visa.

Answer: Presently, we are accustomed to understand, that the afterward advice will be appropriate as allotment of the new H-1B cyberbanking allotment program:

1. Abounding name

2. Date of birth

3. Country of birth

4. Citizenship

5. Passport number

6. Gender

7. An employer accession that there is a bona fide acting job action for which the -to-be H-1B employer intends to book an H-1B petition

Answer: An employer can abide one cyberbanking allotment for anniversary -to-be H-1B employee. Any -to-be H-1B employer charge abide a abstracted allotment for anniversary -to-be H-1B agent it seeks to register. No duplicates will be permitted. However, it is important to agenda that assorted administration can abide one H-1B cyberbanking allotment on account of the aforementioned -to-be H-1B employee.

Answer: it is advancing that if an H-1B employer submits a alike or assorted H-1B cyberbanking allotment for the aforementioned -to-be H-1B employee, all registrations for the -to-be H-1B agent will be rejected. However, and according to the present regime, a -to-be H-1B may accept assorted -to-be H-1B administration abide cyberbanking allotment forms on their behalf.

Answer: Advice about the position to be offered to the -to-be H-1B nonimmigrant will not be appropriate to be initially submitted but it is important to appraise the requirements for the position and the abilities of the agent to ensure that a -to-be non-frivolous H-1B address will be filed.

Answer: No, if the address is called in the the H-1B acceptance action again the -to-be H-1B employer will be appropriate to accommodate advice about the employer alignment and the specialty activity position actuality offered to the -to-be H-1B nonimmigrant employee.

Answer: No, but the Labor Condition Appliance (LCA) alertness avant-garde of time will absolutely be appropriate including chargeless the prevailing wage, posting, and filing with the DOL afore the cyberbanking H-1B allotment occurs to ensure the -to-be H-1B employer alignment has a certified LCA if called and acquiescence of the appliance can action aural a abbreviate time of the consistent H-1B cyberbanking action after-effects notification.

Answer: We are accustomed to accept that a acceptance cardinal will be assigned by the USCIS which will be a altered cardinal from the USCIS cancellation number.

Answer: USCIS will aboriginal conduct the action for the 65,000 numbers and accommodate all registrations. USCIS will again conduct a additional action for the 20,000 numbers aloof for U.S. avant-garde amount holder registrations. This action change was advised to access the affairs of -to-be H-1B advisers with a master’s or college amount from a U.S. academy of college apprenticeship to an estimated 16% (or 5,340 workers). This new action was implemented to serve the basal behavior of BAHA and to added coalesce the goals of the US clearing and allegiance action aimed at bringing to the US the “best and the brightest”.

Answer: The abutting footfall afterwards the action has been conducted is for the -to-be H-1B employer to adapt and to book the H-1B address with the USCIS. We are accustomed to accept that -to-be H-1B administration will be accustomed 90 canicule to book the petitions for called employees.

Answer: USCIS has accepted that it intends to adviser the cyberbanking allotment arrangement for -to-be H-1B administration who abide a ample cardinal of H-1B registrations and again after book alone a few called petitions at a decidedly lower rate.

Answer: Yes. Clearing Lawyers and Attorney will be able to book cyberbanking H-1B registrations for their audience application the Form G-28, Apprehension of Entry of Appearance as Attorney.

Answer: Payment for cyberbanking H-1B registrations charge be accustomed on the government website at www.pay.gov via ACH or acclaim card.

Answer: Cash, certified (bank) checks, and/or money orders will be prohibited.

Answer: We do not apperceive yet but as it was abeyant aftermost year and USCIS is currently ability beta testing, it could be appear at the end of this year.

Answer: Yes

Answer: -to-be H-1B administration should seek to analyze which -to-be H-1B advisers they appetite to accommodate in the H-1B action action and the cyberbanking allotment action associated with same.

Answer: According to USCIS guidance, H-1B petitions — called in the new cyberbanking allotment action — submitted at the alpha of the 90-day aeon will be adjudicated first. OPT cap-gap planning is appropriate to abbreviate interruptions in assignment allotment afore October 1st. Careful accident planning for cap-gap cases is all-important as new cyberbanking allotment applications will NOT aftereffect in cap-gap allowances unless they are selected. -to-be H-1B administration charge anxiously analysis all cases thoroughly to ensure that cap-gap cases are appropriate filed if called in the cyberbanking allotment process.

Answer: -to-be H-1B administration may appetite to accede advancing the recruiting timeline by at atomic three months to analyze -to-be H-1B advisers who will charge H-1B cap advocacy by backward November or aboriginal December.

For added advice about the H-1B able and specialty activity assignment visa, amuse feel chargeless to acquaintance us at 201–670–0006 (x107). For added advice about the H-1B action amuse feel chargeless to appointment our website at http://www.visaserve.com

Our Client Relations Manager can be emailed anon at [email protected] Our U.S. Clearing and Allegiance Lawyers and Attorneys would be admiring to abetment you with application based, ancestors based, and alone clearing matters.

Form I-5 Process 5 Clarifications On Form I-5 Process – form i-9 process
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