Immigration Articles

FY 2015 H-1B Cap Subject Petitions – Instructions for Filing

The USCIS has not issued any instructions for filing CAP subject H-1B petition for FY 2015. The USCIS website continues to show instructions issued last year for the FY 2014 CAP.

Last year, we had compiled instructions for the filing of H-1B Petitions and think the following should be adhered to in order to ensure acceptance.
A.    Proper Fees are enclosed:

•    Base Fee of $325.00
•    ACWIA Fee of $750.00/$1500.00 (if/as applicable)
•    Fraud Prevention and Detection fee of $500.00 (if applicable)
•    Public Law 111-23 Fee of $2,000.00 (if applicable)
•    Premium Processing Service Fee of $1,225.00 (if applicable)

All Checks and money orders are signed and made payable to the “U.S. Department of Homeland Security,” or “U.S. Citizenship and Immigration Services,” dated within the last 6-months

B.    Original Signature and Forms have the right revision date

•    Complete all sections of the Form I-129, Petition for a Nonimmigrant Worker (Revision date of Nov. 23, 2010, or later), including the H Classification Supplement to Form I-129 (pages 11 and 12 of Form I-129) and the H-1B Data Collection and Filing Fee Exemption Supplement (pages 17 through 19).
•    Sign the form preferably in black ink on pages 6,7, 10 (if applicable) and 12.
•    Include a signed check(s) or money order(s) with the correct fee amount(s).
•    Ensure that all required documentation and evidence is submitted with the petition at the time of filing for timely processing.

C.    Premium Processing Request

Premium Processing requests must be filed with Form I-907 (10/19/11 edition). USCIS usually temporarily adjusts its premium processing practice due to anticipated high volumes of immigration benefit requests filed during early April 2014. Last year, Premium processing for all cap-subject H-1B began on or after April 15th.
To reiterate: Last year, the Form I-797 receipt notice for cases received between April 1, 2013 and April 14, 2013, the 15-day processing period set by 8 CFR 103.7(e)(2) did not begin until April 15, 2013.

D.    Labor Condition Application (LCA)
A certified Labor Condition Application signed by the petitioner must be enclosed with each petition.

E.    Jurisdiction
The petitions must be mailed with appropriate labels (Regular CAP, C/S for Chile/Singapore, U.S. Master’s in Red Ink preferably on the top margin of Form I-129) to the California Service Center (CSC) or Vermont Service Center (VSC) consistent with filing jurisdictions and instructions listed at http://www.uscis.gov

F.    Completing the Forms and Organizing

I.    Form G-28, Notice of Entry of Appearance as Attorney or Representative
If the petitioner will be represented by an attorney or other accredited representative, a properly executed Form G-28 should be submitted. Each Form G-28 should include the following:

•    All sections completed
•    The printed name and signature of the representative
•    The original signature of the petitioner.

II.    Form I-129, Petition for a Nonimmigrant Worker

•    Complete all sections of the form accurately.
•    H-1B cap petitions and advanced degree exemption petitions for the FY13 cap must include an employment start date of no earlier than October 1, 2013. H-1B petitions requesting an earlier employment start date or a start date of “As Soon As Possible” or “ASAP” will be rejected.
•    The petition is properly signed..
•    Petitioners should enter their own address in Part 1, question 3 of the Form I-129 to ensure that the I-797 receipt and approval notices are sent to the petitioner.

Note: Using an address other than the petitioner’s address as the mailing address may cause processing delays related to the Validation Instrument for Business Enterprises (VIBE), as VIBE automatically uses the address provided on the petition to validate the petitioner’s current location. If petitioners use an attorney’s address as the mailing address on the I-129 petition, a cover letter should be included with the filing that clearly indicates the current address of the petitioner. This information will be used to assist the Immigration Services Officer (ISO) in completing a manual check in VIBE using the petitioner’s address. In addition, if an attorney’s address is used as the petitioner’s mailing address on the form, the petitioner will not receive any I-797 notices.

•    Ensure the beneficiary’s name is spelled properly and that his/her date of birth is displayed in the proper format (mm/dd/yyyy). Also, country of birth/citizenship and the I-94 number (if applicable) should be reviewed for accuracy.
•    If the beneficiary will ultimately be seeking issuance of a visa at a consular office abroad, a copy of the petition and supporting documentation should be included with the filing. For cases where the beneficiary will be seeking a change of status or extension of stay in the United States, you may still choose to submit a duplicate copy in the event the beneficiary will be seeking issuance of a visa at a consular office abroad following the approval of the change of status or extension of stay.
•    If the beneficiary is seeking an extension or change of status, the petition should include evidence (e.g. Form I-94 or Form I-797 approval notice) to establish that the beneficiary will have maintained a valid nonimmigrant status through the employment start date being requested.
•    Include a copy of the beneficiary’s valid passport.

III.    H Classification Supplement to Form I-129 (pages 11 and 12 of Form I-129)
•    Complete all sections of the form accurately.
•    In listing previous periods of stay in H/L classification (question 3), include the actual nonimmigrant classification held (e.g. H-1B or L-1)
•    Petitioner must sign the form, preferably in black ink.

IV.    H-1B Data Collection and Filing Fee Supplement form (pages 17 through 19 of Form I-129)

•    Complete all sections of the form accurately.
•    Enclose pages 17 through 19 of the Form I-129 (with a revision date of Nov. 23, 2010 or later).
•    Answer appropriately in Part A, question 2 and Part C, question 2 if the beneficiary has earned a master’s degree or higher from a U.S. educational institution as defined in 20 U.S.C. 1001(a).
•    If the answer to the first question in Part D on page 19 is “No,” that the beneficiary will not be assigned to work at an off-site location, then responses to the remaining two questions in Part D are not required.

G.    Preferred order of documents at time of submission:

•    Form I-907 (if filing for Premium Processing Service)
•    Form G-28 (if represented by an attorney or accredited representative)
•    Form I-129, Petition for a Nonimmigrant Worker
•    Addendums/Attachments
•    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
•    All supporting documentation to establish eligibility
•    Table of Contents for supporting documentation
o    Tab items as listed in Table of Contents
o    Arrival-Departure Record (Form I-94) if the beneficiary is in the U.S.
o    SEVIS Form I-20 if the beneficiary is a current or former F-1 student or F-2 dependent
o    SEVIS Form DS-2019 if the beneficiary is a current or former J-1 or J-2
o    Form I-566 if the beneficiary is a current A or G nonimmigrant
o    DOL certified LCA, Form ETA 9035
o    Employer/attorney/representative letter(s); and
o    Other supporting documentation.
•    Duplicate copy of the petition, if necessary. Clearly identify the duplicate copy of the petition as “COPY”, so that it is not mistaken for a duplicate filing.

H.    Mailing multiple petitions together
If multiple petitions will be included in the same courier service or postal service package, place individual petitions into separate envelopes within the package. Individual petition envelopes should be marked with the following labels to reference the type of petition:
•    Master’s Premium
•    Master’s
•    Regular Premium
•    Regular
•    Chile/Singapore

NOTE: These instructions are not “Officially” from the USCIS. This is a compilation based on last year’s instructions. No attempt is being made to suggest that you should follow these instructions or that it is the preferred way to submit an H-1B Petition and should not be used to act in specific circumstances without the advice of an Attorney retained for the purpose.

About kidambilaw

We are a Business Immigration law firm based in metro Bridgeport area of CT. We serve clients from all over the world.

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