H-1B workers in Guam and the CNMI are exempt from the H-1B cap if their employers file the petition before Dec. 31, 2029. Your email will NOT be published. FY 2021 H-1B cap-subject petitions, including those eligible for the advanced degree exemption, may not be filed unless based on a valid registration for the beneficiary named in the petition. Alert: On May 29, 2020, USCIS announced that premium processing would resume for Form I-129 and Form I-140 petitions in phases over the month of June. To ensure fair and orderly distribution of available H-1B visas, we will deny or revoke multiple or duplicative petitions filed by an employer (including its related entities) for the same H-1B worker and will not refund the filing fees. For additional information, please see PM-602-0159, Matter of S- Inc., Adopted Decision 2018-02 (AAO Mar. They do not empathize your situation because employees/lawyers of Fragomen never went through immigration so they don’t understand your situation and pain. H1B FY 2021 Registrations, Case Stats - from March 1st, 2020. Below are the reasons: 1. If you receive an RFE, you typically have between 30 and 90 days to submit the appropriate information or documentation. If any information does not match, you should provide a written explanation and supporting documentation as to why there was a change or why the information does not match. As a comparison, the RFE percentage in FY 2015 was 22.3%. FY 2021 H-1B cap-subject petitions, including those eligible for the advanced degree exemption, may not be filed unless based on a valid registration for the beneficiary named in the petition. You are eligible to refile your rejected petition during the designated 90-day filing window on their Registration Selection Notice. In accordance with President Donald Trump’s “Buy American, Hire American” executive order, USCIS continues to heavily scrutinize H-1B visa petitions. H-1B workers performing labor or services in the Commonwealth of the Northern Mariana Islands (CNMI) and Guam may also be exempt from the H-1B cap (see the Consolidated Natural Resources Act of 2008 (CNRA), Public Law 110-229). When responding to the RFE, be sure to address all questions and concerns in the notice to prevent further delays or a denial. Employ 50 or more employees in the United States and more than 50% of those employees are in H-1B or L-1 nonimmigrant status. RFE Received? If the beneficiary will be applying for a nonimmigrant visa abroad, we strongly encourage you to submit a copy of your H-1B petition and all supporting documents with your petition. For cases where the beneficiary will seek a change of status or extension of stay in the United States, you may still submit a copy. The second most H1B rejections are faced by Cognizant … USCIS encourages the use of a brightly colored coversheet flagging the issue as a good way to ensure that this is reviewed upon receipt. We will reject H-1B petitions requesting an earlier employment start date or a start date of “As Soon As Possible” or “ASAP.”. Notify me of follow-up comments by email. Consulting companies like Cognizant and Capgemini have high rate of H1B denial rates than the product based employers that offer direct hire full time H1B jobs. Rejected petitions will not retain a filing date. If you submit a second H-1B petition and withdraw the first, USCIS will not adjudicate the withdrawn petition and will return it to you, regardless of whether the petition has already been receipted. Did You File for premium processing to get RFE response in 8 days? Please see the Department of Labor’s Office of Foreign Labor Certification website for more information on the LCA process. Ensure that the Labor Condition Application (LCA) properly corresponds to the position in your petition. An exemption from the H-1B cap for beneficiaries who have earned a U.S. master’s degree or higher (commonly known as the “advanced degree exemption”) is available until the number of beneficiaries who are exempt on this basis exceeds 20,000. In accordance with President Donald Trump’s “Buy American, Hire American” executive order, USCIS continues to heavily scrutinize H-1B visa petitions. (This fee does not apply to Chile/Singapore H-1B1 petitions.). Payable to the Department of Homeland Security; Form G-28 (if represented by an attorney or accredited representative), Copy of the Registration Selection Notice for the Beneficiary Named in the Petition, H Classification Supplement to Form I-129 and/or Free Trade Supplement (for H-1B1 Chile-Singapore petitions), H-1B Data Collection and Filing Fee Exemption Supplement. 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