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The USCIS has proposed to introduce a new H1B visa application filing procedure in 2011 for new petitions filed towards this years H1B cap (quota)
For H1B visa 2011 Applications, the process for US employers and sponsoring companies who file H1B petitions 'might' change slightly
Important: ~ this is currently only a 'proposed' change for future 'new' H1B filing starting from April 1st 2011 onwards (it is not applicable for current H1B visas being filed from the 2010 quota, or for H1B transfers, or H1B extensions)
Clarification of the New Proposed H1B visa 2011 Filing Process Rule:
Normally, a US employer (H1B sponsor company) is required to submit a full visa application that includes but is not limited to: all the completed procedures, forms, documents, and payment to file the H1B visa petition with the USCIS. Most US sponsor companies typically use and pay an Immigration attorney to prepare and file the H1B visa application to ensure it is in full accordance and meets all the USCIS rules and requirements.
The new proposed H1B filing process for 2011 applications would (if the rule is passed) include a preliminary new step in the process that requires an Employer to first submit a Pre-filing summary application.
Full clarification and complete details about what would be required in the new H1B visa pre-filing summary application have not been released yet by the USCIS (neither have details about any potential pre-filing costs).
Based on the summary details included in the H1B pre-filing application document, the USCIS would evaluate and determine if a full H1B visa application should then be submitted for normal processing.
~ Potentially this could help some H1B sponsor companies determine if their H1B applications are more likely to get approved, or not, 'before' they incurr the time, effort and money to prepare and file a full H1B visa application (and before incurring the normal USCIS H1B visa filing costs plus any immigration attorney fees).
~ Potentially it could also encourage many new US companies to sponsor and file H1B visas in 2011 - as they can submit a pre-filing application (before incurring the normal H1B filing costs) that would help them initially determine if they can get visas issued for H1B workers they want to employ.
~ It also helps the USCIS save time, money and effort by making initial determinations on summary H1B visa applications data, rather than having to process the normal full and complete visa application documentation
However, at the moment the new H1B filing 'proposal' for 2011 is still very UNclear in many ways, and is still in a comment and review period. We are currently in the process of trying to clarify many points with the USCIS. As soon as we get updates from the USCIS, we will keep you updated.
From the information we have collated so far, we believe that 'overall' this is a positive move by the USCIS
H1B Jobs and Visa Sponsorship Center ~ Continue Here
H1B Visa Learning Center ~ Continue Here
H1B News Center ~ Continue Here
Stay up to date with the latest H1B News and Filing Updates for 2011 - click here
View the Official Release by the USCIS about the proposed H1B visa 2011 filing changes below
For H1B visa 2011 Applications, the process for US employers and sponsoring companies who file H1B petitions 'might' change slightly
Important: ~ this is currently only a 'proposed' change for future 'new' H1B filing starting from April 1st 2011 onwards (it is not applicable for current H1B visas being filed from the 2010 quota, or for H1B transfers, or H1B extensions)
Clarification of the New Proposed H1B visa 2011 Filing Process Rule:
Normally, a US employer (H1B sponsor company) is required to submit a full visa application that includes but is not limited to: all the completed procedures, forms, documents, and payment to file the H1B visa petition with the USCIS. Most US sponsor companies typically use and pay an Immigration attorney to prepare and file the H1B visa application to ensure it is in full accordance and meets all the USCIS rules and requirements.
The new proposed H1B filing process for 2011 applications would (if the rule is passed) include a preliminary new step in the process that requires an Employer to first submit a Pre-filing summary application.
Full clarification and complete details about what would be required in the new H1B visa pre-filing summary application have not been released yet by the USCIS (neither have details about any potential pre-filing costs).
Based on the summary details included in the H1B pre-filing application document, the USCIS would evaluate and determine if a full H1B visa application should then be submitted for normal processing.
~ Potentially this could help some H1B sponsor companies determine if their H1B applications are more likely to get approved, or not, 'before' they incurr the time, effort and money to prepare and file a full H1B visa application (and before incurring the normal USCIS H1B visa filing costs plus any immigration attorney fees).
~ Potentially it could also encourage many new US companies to sponsor and file H1B visas in 2011 - as they can submit a pre-filing application (before incurring the normal H1B filing costs) that would help them initially determine if they can get visas issued for H1B workers they want to employ.
~ It also helps the USCIS save time, money and effort by making initial determinations on summary H1B visa applications data, rather than having to process the normal full and complete visa application documentation
However, at the moment the new H1B filing 'proposal' for 2011 is still very UNclear in many ways, and is still in a comment and review period. We are currently in the process of trying to clarify many points with the USCIS. As soon as we get updates from the USCIS, we will keep you updated.
From the information we have collated so far, we believe that 'overall' this is a positive move by the USCIS
H1B Jobs and Visa Sponsorship Center ~ Continue Here
H1B Visa Learning Center ~ Continue Here
H1B News Center ~ Continue Here
Stay up to date with the latest H1B News and Filing Updates for 2011 - click here
View the Official Release by the USCIS about the proposed H1B visa 2011 filing changes below
| DHS/USCIS | RIN: 1615-AB71 |
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Title: Registration Requirement for Petitioners Seeking to File H1B Petitions on Behalf of Aliens Subject to Numerical Limitations |
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Abstract: The Department of Homeland Security is proposing to amend its regulations governing petitions filed on behalf of alien workers subject to annual numerical limitations. This rule proposes an electronic registration program for petitions subject to numerical limitations contained in the Immigration and Nationality Act (the Act). Initially, the program would be for the H1B nonimmigrant classification; however, other nonimmigrant classifications will be added as needed. This action is necessary because the demand for H1B specialty occupation workers by U.S. companies generally exceeds the numerical limitation. This rule is intended to allow USCIS to more efficiently manage the intake and lottery process for these H-1B petitions. |
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| Agency: Department of Homeland Security(DHS) | Priority: Other Significant |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
| Major: No | Unfunded Mandates: No |
| CFR Citation: 8 CFR 103; 8 CFR 299 (To search for a specific CFR, visit the Code of Federal Regulations. ) | |
| Legal Authority: 8 USC 1184(g) | |
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Legal Deadline: None |
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Statement of Need: U.S. Citizenship and Immigration Services (USCIS) proposes to establish a mandatory Internet-based electronic registration process for U.S. employers seeking to file H-1B petitions for alien workers subject to either the 65,000 or 20,000 caps. This registration process would allow U.S. employers to electronically register for consideration of available H-1B cap numbers. The mandatory proposed registration process will alleviate administrative burdens on USCIS service centers and eliminate the need for U.S. employers to needlessly prepare and file H1B petitions without any certainty that an H1B cap number will ultimately be allocated to the beneficiary named on that petition. |
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Summary of the Legal Basis: Section 214(g) of the Immigration and Nationality Act provides limits on the number of alien temporary workers who may be granted H-1B nonimmigrant status each fiscal year (commonly known as the "cap"). USCIS has responsibility for monitoring the requests for H-1B workers and administers the distribution of available H1B cap numbers in light of these limits. |
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Alternatives: To ensure a fair and orderly distribution of H-1B cap numbers, USCIS evaluated its current random selection process, and has found that when it receives a significant number of H-1B petitions within the first few days of the H-1B filing period, it is extremely difficult to handle the volume of petitions received in advance of the H-1B random selection process. Further, the current petition process of preparing and mailing H1B petitions, with the required filing fee, can be burdensome and costly for employers, if the petition is returned because the cap was reached and the petition was not selected in the random selection process. Accordingly, this rule proposes to implement a new process to allow U.S. employers to electronically register for consideration of available H1B cap numbers without having to first prepare and submit the petition. |
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Anticipated Costs and Benefits: USCIS estimates that this rule will result in a net benefit to society. Currently, employers submit a petition, at great expense, without any certainty that an H1B cap number will ultimately be allocated to the beneficiary named on the petition. The new mandatory, Internet-based registration system allows employers to complete a much shorter and less expensive registration process for consideration of available H-1B cap numbers. The new system will also relieve a significant administrative burden and expense from USCIS. This rule will reduce costs for some employers and increase them for others. For employers that are not allocated a cap number and therefore do not ultimately file a petition, there will be a significant cost savings. Employers that are allocated a cap number and ultimately file a petition will experience the new and additional cost of filing the registration. Additionally, USCIS will incur additional costs to implement and maintain the registration system. USCIS has weighed the benefits and costs associated with this rule and determined that the benefits to society outweigh the costs. |
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Risks: There is a risk that a petitioner will submit multiple petitions for the same H1B beneficiary so that the U.S. employer will have a better chance of his or her petition being selected. Accordingly, should USCIS receive multiple petitions for the same H1B beneficiary by the same petitioner, the system will only accept the first petition and reject the duplicate petitions. |
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Timetable:
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| Additional Information: USCIS 2443-08 | |
| Regulatory Flexibility Analysis Required: Yes | Government Levels Affected: None |
| Small Entities Affected: Businesses | Federalism: No |
| Included in the Regulatory Plan: Yes | |
| RIN Data Printed in the FR: Yes | |
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Agency Contact: Claudia F. Young Department of Homeland Security U.S. Citizenship and Immigration Services Service Center Operations, 20 Massachusetts Avenue NW., Washington, DC 20529 Phone:202 272-8163 Email: cf1young@dhs.gov Data and Information Source |
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