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Workplace Immigration: Tips for Onboarding New H-1B Cap Employees

Oct 1, 2021 | Human Resources Services, Nonimmigrant Visas

Employers can start onboarding new FY2022 H-1B employees effective October 1st. 

Here are some WR Immigration’s tips for onboarding new H-1B employees.

  • Start by completing Form I-9, the Employment Eligibility Verification form. Section 1 must be completed on day one of employment, and section 2, the employer verification portion, must be completed within three days of onboarding, under the so-called Thursday rule.  New H-1B employees have 60 days to go on payroll if entering the U.S. as new H-1B employees, and 60 days to go on payroll if the H-1B was approved as a change of status.
  • HR Managers be aware the reverification I-9 requirement also applies to employees who have been working on F-1 OPT and to “Cap-Gap” OPT extension cases. Also, USCIS has extended its flexibilities in I-9 rules and procedures due to the Covid-19 pandemic. These flexibilities permit some modifications to the I-9 process for remote workers, allowing virtual verification of documents proving the right to work but only if all staff are remote. These flexibilities have been extended through December 31, 2021.
  • Make sure your new employees understand where to get information regarding immigration and other benefits such as applying for a social security card, healthcare benefits, a driver’s license or tax withholding. For staff who are new to the United States, this can be bewildering. Employees should be informed of the company’s immigration policies so they ready when they have to renew their visa, apply for a green card, travel, or seek work authorization for a spouse. Some noncitizens may be uncomfortable asking about immigration and benefits.  WR’s on-site immigration seminars, on-line webinars, and other learning opportunities facilitate knowledge sharing.
  • Be sure your H-1B employees are being paid the proffered wage and that they understand their job duties and the location of their assignment in the event of a site visit by USCIS’ Fraud Detection and National Security Directorate (FDNS). For questions about USCIS site visits, watch our H-1B Toolkit webinar.
  • Educate your workforce about Diversity & Inclusion practices. New H-1B employee(s) may be facing challenges  such as developing language skills  or adapting to U.S. workplace norms and culture.  Providing D&I education and opportunities to celebrate diversity help create a positive work environment.

Related Posts:

Work Authorization Verification ‘Flexibilities’ for Remote Workers in the Time of Covid: A Boon or a Headache for Industry?

The Biden administration has allowed in-person physical inspection requirements related to the Form I-9 Employment Eligibility Verification process to be postponed during the Covid-19 pandemic. This has been a great convenience for employers in the short term but could pose logistical problems down the line as more and more people may need to be reverified in person if and when they return to their worksites. U.S. Immigration and Customs Enforcement (ICE) has extended flexibilities several times that were initially summarized in a March 2020 news release. Most recently, the flexibilities, including a deferral of the physical presence requirements associated with the I-9 process for employers whose employees are working remotely due to the pandemic, were extended until December 31, 2021. ICE explained that the policy only applies to employers and workplaces operating remotely: “If there are employees physically present at a work location, no exceptions are being implemented at this time for in-person verification of identity and employment eligibility documentation” for I-9 purposes. The kicker too is that once normal operations resume, all employees who were onboarded using remote verification must report to their employer within three business days for in-person verification of identity and employment eligibility documentation. Employers who […]

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H-1B Registration Announced

USCIS announced today that the initial registration period for H-1B cap will open at noon Eastern time on March 9 and run through noon Eastern time on March 25. During this period, employers will be able to complete petitioner and beneficiary information and submit the registrations. A confirmation number will be assigned to each registration submitted. If USCIS receives more than 85,000 registrations by March 25, the agency will then randomly select 85,000 registrations and send selection notifications. USCIS intends to notify account holders by March 31. Of course, an H-1B cap-subject petition may be filed only by a petitioner whose registration for that beneficiary was selected in the H-1B registration process. For additional information, please see HERE. USCIS previously announced that DHS is delaying the effective date of the H-1B Selection Process final rule, which would have fundamentally changed the lottery process. USCIS will apply the regulations currently in place (random selection) to the initial registration period and any subsequent registration period for the FY 2022 registration process. Please do not hesitate to contact your WR attorney if you or your company would like to complete an H-1B registration.

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