USCIS provides details on attorney representation in H-1B electronic registration process

U.S. Citizenship and Immigration Services held a webinar today to provide information specifically about attorney representation when submitting electronic H-1B registrations this cap season.

Key points:

• If an attorney or legal representative is submitting registrations on behalf of a company, both the attorney and the company will need to create myUSCIS accounts.
• Companies may create myUSCIS “H-1B registrant” accounts beginning Feb. 24, 10 a.m. EST.
• Attorneys may create accounts now, but will not be able to draft H-1B registrations until the registration period opens March 1, noon EST. The registration period closes March 20, noon EST.
• During the registration period, attorneys will draft H-1B registrations in their myUSCIS account as well as a Form G-28, which authorizes the attorney to represent the company. The attorney will receive a passcode and provide it to the company’s authorized signatory. The signatory will then log onto the company’s myUSCIS account and enter the passcode in order to review and accept the G-28 and the registrations. The attorney may then pay the registration fees and submit the registrations on behalf of the company through the attorney’s account.
• A G-28 must be submitted for each registration session. Each session may include up to 250 H-1B beneficiaries, but there is no limit on the total number of registrations a company may file.
• USCIS will select H-1B registrations between March 20 and March 31. Selection notices will be sent by the method selected when the account was created (email or text message). Additionally, a “selected” designation will appear next to selected registrations in myUSCIS accounts.
• The filing period for petitioners to file full H-1B petitions on behalf of selected registrations is expected to begin April 1 and run for 90 days. The agency has not yet announced whether premium processing will be available.

BAL Analysis: Petitioners should prepare to have their authorized signatory create an account on myUSCIS.gov beginning Feb. 24. The agency will hold another webinar for attorneys and representatives on Feb. 12 and has stated that it will provide additional videos and guidance on the new process. BAL has created an H-1B Electronic Registration Resource Center exclusively for clients to access news, breaking developments, government documents and podcasts. Log in to the Resource Center here.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2020 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.