Time to Get Ready for the New H-1B Season

For the 2021 fiscal year, USCIS has implemented the new H-1B registration system that was finalized in early 2019. Under the registration system, petitioners seeking to file H-1B petitions must first electronically register with USCIS starting from March 1, 2020 and ending on March 20, 2020.Petitioners will be required to pay a nominal $10 fee for each individual that they plan to sponsor. The registration process will require basic information about the company and each requested worker. Once the registration period has concluded, USCIS will conduct a lottery to select individuals that may be eligible to receive an H-1B visa. USCIS will notify registrants with selected registrations no later than March 31, 2020.Selected petitioners will have 90 days to file their H-1B petitions with USCIS. The 90-day duration to file H-1B petitions will likely begin on April 1st, 2020.More information on how and when an account can be created will be released at a later date.

This is dramatically different from the previous process where the petition is submitted first, and the lottery selection occurs afterwards. This new registration process seeks to streamline the H-1B application process. Despite the ease of submitting potential employees to the H-1B lottery, it should be noted that if a specific petitioner submits more than one registration per beneficiary in the same fiscal year, all registrations filed by that petitioner relating to that beneficiary for that fiscal year will be considered invalid. If entities related to the petitioner, such as affiliate, parent, or subsidiary company, files more than one H-1B petition for the same beneficiary, all H-1B petitions for that beneficiary will be denied. If two related companies do file H-1B petitions for the same beneficiary, they must be able to demonstrate a legitimate business need for filing multiple petitions. It is not prohibited for two unrelated employers to register and file for the same beneficiary.

Although the H-1B application process has been streamlined through the implementation of the registration system, both employers and prospective employees should be diligent in preparing their H-1b petitions. Preparing a successful H-1B petition requires a showing that the alien will assume a specialty occupation position, that the education background of the alien meets the requirements of the specialty occupation, and that the job position will be paid the prevailing wage for its position. The nuance of crafting a successful H-1B petition can be best guided by an experienced immigration attorney. Here at Zhang & Associates, wehave successfully represented thousands of non-immigrant and immigrant visas cases. Our experienced immigration attorneys are here to guide professionals through the complicated H-1B application process, and minimize any and all confusion or challenges. As your legal counsel, we will register beneficiaries in this new system, complete the employer consent form, and fully prepare all H-1B petitions pre or post lottery selection. We understand how important an H-1B visa is to you, whether as the employer or the prospective employee. Our seasoned staff and years-long track record of success make Zhang & Associates the natural choice to facilitate your H-1B petitions.If you would like to contact us, please email us at info@hooyou.com.

Former U.S. Consular officer, Attorney Sechyi Laiu joined Zhang & Associates, P.C. on June 26, 2017

At Zhang & Associates, P.C., Attorney Laiu specializes on Consular Processing cases and business development. Attorney Laiu also focuses on TN visas, E visas, CBP administrative proceedings (monetary confiscation, deferred inspection), and overseas financial compliance.

Prior to joining Zhang & Associates, P.C., Attorney Laiu worked for the U.S. Department of State as a Chinese and Portuguese speaking diplomat. As a consular-coned officer who served in Vancouver (Canada), Shenyang (P.R. China), and Rio de Janeiro (Brazil), Attorney Laiu processed over 30,000 visa cases and worked in every section of Consular Affairs overseas (Fraud Prevention Unit, Immigrant Visas, Non-Immigrant Visas, and American Citizen Services).

He will use his experience and expertise to deliver the highest quality of service to our clients.

Founded in 1996, Zhang & Associates, P.C. offers legal services to clients worldwide in all aspects of U.S immigration law. We have successfully handled over ten thousand immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, EB-5, PERM, I-485 I-130, H-1B, O, L and J cases. In the past twenty-two years, we have successfully helped over ten thousand clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.

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