H-1B Electronic Registration Process 2020 | Immigration Lawyer
H-1B Electronic Registration Process 2020
The H-1B electronic registration process is being touted by USCIS as a major step forward in streamlining the H-1B lottery process. But, is all the red tape worth the proposed benefit?
In principle, the H1B electronic registration process is a good idea. The old lottery system created waste. Streamlining this process is needed to reduce costs and create predictability for employers who rely on foreign nationals to fill employment needs.
After learning more about this process, the saying, “the best laid plans of mice and men often go awry” comes to mind. This article addresses the H1B electronic registration process, how to register, the fees involved, and explores some of the difficulties attorneys and their clients are likely to face.
H1B Electronic Registration Process
If you are filing H-1B cap cases this year (calendar year 2020, which is actually the government’s fiscal year 2021), then you will be required to first electronically register and pay a non-refundable $10 fee for each prospective worker. Once selected, you can file your H-1B petition. Easy enough, right?
myUSCIS Online Account Creation
Before even getting into the registration process, the employer and attorney first need to create an online account on USCIS.gov. If you are an employer, you need to create a new “registrant” account that will be available starting Feb. 24. Your lawyer may already have an account. If not, they need to register as well.
The account setup process is not overly difficult. But it does require two-step authentication. So, you will need to enter a username and password, then obtain an access code via another source before being allowed to log in each time.
Registration Process
USCIS states that the registration process requires “only basic information about the prospective petitioner and each requested worker.” If the attorney completes the registration, they will need to add a client to their myUSCIS online account. Then, they need to start the registration form, add the company information, authorized signatory, then add beneficiaries. The attorney will electronically sign the form and then move to the G-28 phase.
Note that neither the attorney nor registrant (the employer) will be able to begin the registration until noon on March 1. The initial registration period is from March 1 to March 20.
Practice Pointer: Be careful, the deadline ends at NOON on March 20. Typically, government agencies allow until 11:59pm on the due date, but not in this case. The deadline is 12:00pm noon on March 20.
The G-28 Process
Once the attorney has filled out the registration(s) for you, he or she will need to submit a Form G-28. The G-28 process has several steps. The lawyer needs to fill out the form, sign it, then give a one-time passcode to the client. The client must use the passcode within 30 days to review, sign, and submit the G-28.
The signing of the G-28 will require coordination outside of the myUSCIS online account. The attorney will need to email the passcode. Then, the employer will need to receive it, login to their myUSCIS account, use the passcode, then sign and finalize the form. It seems that uploading a PDF version of a fully executed Form G-28 would have been a much simpler way to complete this part of the process.
Once the employer is finished with the G-28, the attorney will then need to log back into the system to pay for and officially submit the H1b electronic registration. Logistically, having the attorney pay for the registrations is not efficient. It creates the inconvenience of having to incur a pre-paid expense for the client then collect the expense at a later time.
Once the registrations are submitted, USCIS will conduct the lottery and will notify selected registrants by March 31. Only selected registrants will be able to file an H-1B cap petition. But, some registrants will remain in “Submitted” status until the end of the fiscal year. Registration will not reflect a status of “Not Selected” until the conclusion of the fiscal year. The only way a registration will be denied is if the employer files more than one registration for the same beneficiary. That will void all registrations.
Final Thoughts
A few final thoughts on the process. This is not a simple process. All of USCIS announcements have framed the process as being streamlined and efficient. It has a decent learning curve and only gives 20 calendar days to get everything done. The G-28 part of the process has too many steps. USCIS should allow for simple uploading of a fully executed G-28 as a PDF attachment.
Furthermore, remaining in submitted status until the end of the fiscal year puts the worker in limbo as to his options moving forward. Many potential H-1B beneficiaries are on OPT that expires in the summer and need to have solid plans to remain in status. Thus, USCIS needs to notify individuals who were not selected much earlier in the year.
Finally, the old lottery system required an employer to file a complete H-1B petition by April 1. That meant that the employer must have had non-speculative H-1B work available on April 1 for each beneficiary that it filed for. The new electronic registration process can be exploited by employers who do not formally have an assignment for the beneficiary. Once that worker gets selected, the employer has 90 days to file the H-1B cap petition. During that time, the employer can scramble to find a viable end-client. Thus, this process has a serious risk of increasing the amount of registrations for workers without valid client assignments. The nominal $10 non-refundable fee is not enough of a penalty for an employer who registers for a spot in the lottery without a valid work assignment. We will see how much of a problem this actually creates.
H1B Lawyer in Columbus, Ohio
H-1B Electronic Registration Assistance
If you need help registering H-1B workers, contact Porter Law Office, LLC. The H-1B visa process is complex. In addition to the H1B electronic registration process, there are strict federal labor laws and immigration rules and regulations. Columbus, Ohio immigration lawyer Matthew R. Porter, Esq. assists employers in complying with the H-1B visa regulations and H1B electronic registration. We can help your organization with H-1B visa petition filings and compliance issues. If your organization is considering sponsoring a foreign national on an H-1B visa, contact Columbus, Ohio immigration lawyer Matthew R. Porter to discuss your H-1B visa options.
