60-Day Public Comment Response Matrix

USCIS Online Account Access-008 Revision - Responses 60-day FRN Public Comments
Public Comments (regulations.gov): USCIS-2011-0015
60-day FRN Citation (federalregister.gov): 88 FR 55065
Publish Dates: August 14, 2023 – October 13, 2023
Comment #/Topic
1.

Commenter ID
0020

Comment
Commenter: Elissa Taub
I am an immigration attorney and
Partner with the law firm Siskind
Susser PC based in Memphis, TN. I
primarily file employment-based
immigration petitions and
applications, including H-1B petitions.
I thank USCIS for opening this Notice
and Comment period that
contemplates electronic filing of H-1B
petitions. In theory, filing
electronically will make the process
more efficient, allow for faster filing
of petitions and will save reams of
paper and shipping costs. I welcome
those benefits.
On the other hand, USCIS's online
filing system is so unfriendly to
attorneys and has so many technical
bugs that I fear we will quickly lose
control of these filings. My primary
USCIS account has been wiped of all
my case information since June. I
cannot get technical assistance to fix
it. The online tech help only allows
me to pick from a dropdown menu of
existing receipt numbers. Because
the technical glitch has wiped all
receipt numbers from my account, it
looks like I have no pending cases.
Without a pending case, I cannot get
assistance with my account. I have
used Twitter (X) without success to
ask for help. Meanwhile, my pending
cases are going unmonitored,
because I cannot see any case
updates.
I urge USCIS to provide general
technical assistance to attorneys with
MyUSCIS accounts so that we can
access our case information before

USCIS Response
Response: USCIS
understands the important
role attorneys and
accredited representatives
play in their clients’
immigration journeys. We
continue to work on
enhancements to the
myUSCIS online account and
online filing experience. The
new Organizational Account
experience will eliminate
the passcode linking process
for attorneys working with
company clients. USCIS
believes the new invitationbased process will facilitate
a better H-1B Registration
filing experience for our
attorney and company
customers. USCIS hopes to
expand this process to
representatives working
with individual clients as
well.
Attorneys can file a
standalone Form G-28 in
their representative account
to link to cases their clients
have filed online
themselves. Once the case is
linked to the attorney’s
account, the attorney will
also receive any notices,
including RFEs, that are sent
to the client.

USCIS Online Account Access-008 Revision - Responses 60-day FRN Public Comments
Public Comments (regulations.gov): USCIS-2011-0015
60-day FRN Citation (federalregister.gov): 88 FR 55065
Publish Dates: August 14, 2023 – October 13, 2023
rolling out online filing of H-1Bs.
In addition, my individual clients are
all creating MyUSCIS accounts, which
is great for them to get information
about their cases. But I'm finding that
their case information is not also
showing up in my account, so they
are obtaining information about
cases before I do. In some cases, my
client has responded to a Request for
Evidence (RFE) without consulting
me, which has left them at risk for
denial of a pending application. I urge
USCIS to better integrate attorneys
into the online filing process so that
we can fully represent our clients by
having access to the same
information at the same time they
do.
Finally, online filing by an attorney
currently involves our sharing a code
with our client to facilitate their
acknowledgment and assent to the
filing. The process is cumbersome
and time-consuming. Often it
requires a video meeting to share
screens to ensure the client reviews
the application and follows the filing
instructions. On some days, we file
multiple H-1B petitions for the same
client, which would require multiple
codes and collaboration. I urge USCIS
to devise a different way of
confirming a client's consent to filing
than the code sharing when it comes
to H-1B filings. The requirement will
make the process of filing H-1Bs
frustrating for employers and
attorneys.
I thank USCIS for moving toward
electronic filings. Overall, this move

USCIS Online Account Access-008 Revision - Responses 60-day FRN Public Comments
Public Comments (regulations.gov): USCIS-2011-0015
60-day FRN Citation (federalregister.gov): 88 FR 55065
Publish Dates: August 14, 2023 – October 13, 2023

2.

should be better for attorneys and
our clients. Unfortunately, the
process is not set up for attorney use.
Because most H-1Bs are filed by
counsel, it is important that USCIS
acknowledge the vital role that
attorneys play in the process and
make the filing process simple and
easy to use for us and our clients.
Commenter: AILA
1. General Comment. This Federal
Register notice only includes
individuals/households and business
or other for-profit entities. Are capexempt petitioners intentionally
omitted? If USCIS intends to include
cap-exempt petitioners in this
Federal Register notice, we
recommend changing the language to
state: “business and other sponsoring
organizations.”
2. Slide 42. Merging Administrator
Accounts. While we understand the
slide states that merging of
Administrator Accounts is not
possible, AILA attorneys who have
utilized the myUSCIS system believe
the time required for businesses to
reset an Administrator Account and
resolve issues with duplicate
Administrator Accounts will
significantly exceed the 0.167 hours
estimated in the Federal Register. For
example, if an Administrator from a
business filed a registration on
myUSCIS, and then left the business
without providing the account login
to this business, it will likely take far
more than 0.167 hours for a new
Administrator to recover the
account.1 A solution previously
proposed by USCIS Technical

Response:
General comment response:
Cap-exempt Form I-129
filers will be able to use
myUSCIS online company
accounts to file H-1B
petitions.

Slide 42 response: Merging
and deleting company
administrator accounts will
not be available in the first
release. USCIS encourages
companies to take
advantage of the ability to
have more than one
company administrator in a
company group. This can
help ensure that a company
remains able to access
previously filed registrations
and cases, even if a single
company administrator
leaves the company group.
USCIS plans to conduct
usability testing and
continue to iterate on the
company account with the

USCIS Online Account Access-008 Revision - Responses 60-day FRN Public Comments
Public Comments (regulations.gov): USCIS-2011-0015
60-day FRN Citation (federalregister.gov): 88 FR 55065
Publish Dates: August 14, 2023 – October 13, 2023
Assistance was to use a new email
address to set up another
Administrator Account for this
business. However, if a business
utilizes this solution, all previously
filed registrations or cases will not be
accessible in the new account. Until a
solution can be found for
Administrator Account reset and
merge, this issue will be a significant
deterrent for businesses to utilize the
system.

goal of improving the
customer experience. USCIS
hopes to make it possible to
merge and delete accounts
in the future.

3. Slide 44. The example on this slide
lists one tax ID number, which in turn
generated four businesses from the
search. Because business entities
may share the same name 3 (and
D/B/A), we recommend that USCIS
provides at least one more column of
identifiable information such as
city/state, etc. so that the user can
easily verify the correct business
entity to set up the Administrator
Account.

Slide 44 response: USCIS will
take this comment under
advisement and determine
if a third data point could be
included in this table.

4. Slide 45. The fact that business
Administrator Accounts cannot be
merged or deleted after they are
created and that forms and H-1B
registrations prepared or submitted
in one business Administrator
Account cannot be transferred to a
different company administrator
account is concerning. For example,
how does one business administrator
or company member check to
determine if another person at the
company is filing the same
registrations in another account,
resulting in duplicate registrations? If
there is a large company with the

Slide 45 response: USCIS
understands the
commenter’s concern about
merging and deletion of
company accounts not being
available in the first release
of the new company
account functionality. As
indicated in our response to
the comment about slide 42,
a company group may have
more than one company
administrator account
associated with it. All
company administrators and
company members within a

The estimated time burden
for this information
collection accounts for the
time needed to fill out the
company profile and
administrator profile
information.

USCIS Online Account Access-008 Revision - Responses 60-day FRN Public Comments
Public Comments (regulations.gov): USCIS-2011-0015
60-day FRN Citation (federalregister.gov): 88 FR 55065
Publish Dates: August 14, 2023 – October 13, 2023
same FEIN that has multiple
administrators and administrator
email addresses, would these
administrators be able to file the
same registration at the same time?
We recommend that USCIS develop a
safeguard for a single-FEIN
company’s internal administrators to
reconcile multiple account activity.

company group will be able
to see H-1B Registrations
and I-129 cases prepared
within the company group.
The functionality that allows
administrators to check for
duplicates for H-1B
Registrations will continue
to be available under the
new company account
structure.
USCIS hopes to introduce
additional merging and
delete features for accounts
in the future.

5. Slide 46. While we recognize the
cautionary language on this slide,
there is still a possibility that a
business administrator will go
forward with setting up an account
without checking internally. Also,
business structures are not always
clearly defined. One business can
have several operating
divisions/departments, using one
FEIN, but having multiple
administrators. We believe USCIS
should provide a real-time check
within the system to alert a user if
there is another Administrator
Account for a business with the same
FEIN.

Slide 46 response: USCIS
believes the requested
functionality of a real-time
check to alert a user that
another company
administrator account has
already been created is
addressed by the “Search
for your company”
functionality (see slides 4344). This functionality
compares the taxpayer
identification number
entered in the search field
to existing company
administrator accounts. If an
account with the same
taxpayer ID number already
exists, a list will be
displayed, and the customer
can either request to join
the existing company group
or proceed with setting up
another company
administrator account.

USCIS Online Account Access-008 Revision - Responses 60-day FRN Public Comments
Public Comments (regulations.gov): USCIS-2011-0015
60-day FRN Citation (federalregister.gov): 88 FR 55065
Publish Dates: August 14, 2023 – October 13, 2023

USCIS will conduct outreach
and public engagement for
companies and attorneys in
advance of the release of
this new functionality to
ensure awareness in these
communities of the process
for setting up company
administrator accounts.
USCIS hopes to provide
functionality for companies
to merge or delete company
administrator accounts in
the future.
6. Slide 48. When listing the business
mailing address, the form prompts
for a street name and number.
Because of the increasing trend for
virtual office businesses to have no
formal brick and mortar address,
AILA recommends USCIS add “or P.O.
Box” to the mailing address section of
the business profile.

Slide 48: USCIS declines to
make this change. The
address fields in the
company profile are
predicated on the mailing
address fields in Form I-129,
Petition for Nonimmigrant
Worker. Form I-129 does
not include any language
about “P.O. Box” as part of
the mailing address.

7. Slide 53. Although USCIS notes
that, if the information is incorrect,
the individual should not accept the
invitation, is it possible to withdraw
an invitation if it is incorrect and
accidentally accepted? While it may
be possible to remove the member,
we recommend an added
functionality or an option to
withdraw an invitation instead of
waiting for the invitation to be
rejected or removed at a later time.
In addition, the instructions note
that, if the information is incorrect,

Slide 53 response: The initial
release of this new feature
does not include
functionality to withdraw an
invitation. However, USCIS
plans to release invitation
withdrawal functionality in
the future. Invitations will
expire seven (7) days after
they are sent, so they will
not exist in perpetuity. If the
sender of an invitation is
notified of an error, they
may send a corrected

USCIS Online Account Access-008 Revision - Responses 60-day FRN Public Comments
Public Comments (regulations.gov): USCIS-2011-0015
60-day FRN Citation (federalregister.gov): 88 FR 55065
Publish Dates: August 14, 2023 – October 13, 2023
the individual should sign out of the
account and notify the company
administrator to correct the
information and send a new
invitation. The slide does not
describe how an administrator can
correct the information without a
withdrawal option.

invitation without the need
to withdraw the first. The
recipient will be able to
review and accept the
corrected invitation without
having to take any action on
the incorrect invitation.

8. Slide 63. The language under
Company Name [H3], “If you are an
individual petitioner creating a
company group, provide your legal
name (not the company name) in this
field,” is confusing. If the individual
petitioner’s business has a separate
company name, would that name
then be listed as the “D/B/A Name?”
We recommend that USCIS clarify the
language for these two questions to
minimize the possibility that
petitioners will list incorrect
information. 4

Slide 63 response: USCIS is
removing this instructional
language so as not to cause
confusion that an individual
petitioner can provide their
business/company name
here. The petitioner’s name
will continue to be
requested as part of their
personal profile on the My
Profile page.

9. Slide 67. There is a redline
(“users”) that has apparently been
left in the document accidentally. On
a related issue, does the term “user”
mean administrator, member, or
representative (or all of the above)?
There appears to be a switch in
terminology, from role (e.g., member
or representative) to user, with the
terms apparently used
interchangeably.

Slide 67 response: USCIS has
corrected the accidental
inclusion of this
strikethrough.

10.Slide 75. This slide indicates that,
“[i]f you believe this change was
made in error, contact a company

Slide 75 response: USCIS
declines to make this
change.

“User” is used generally to
refer to those who have
access within the company
account. “Role” is used to
be more specific to the type
of access the individual(s)
have within the account.

USCIS Online Account Access-008 Revision - Responses 60-day FRN Public Comments
Public Comments (regulations.gov): USCIS-2011-0015
60-day FRN Citation (federalregister.gov): 88 FR 55065
Publish Dates: August 14, 2023 – October 13, 2023
administrator.” After this sentence,
would it be possible for USCIS add a
field for an email address/other
contact info so the user can contact
the administrator?
11.Slide 85. In the second paragraph
of this slide, it is noted that
[attorneys] can “share information
and work with paralegals who are
part of their team and who they have
invited to work on forms for your
company.” Could USCIS provide more
information on how the attorney
enterprise account will function? Will
attorneys be able to create
enterprise accounts with paralegals
and other attorneys at one firm
similar to the company Administrator
Account or will the representative
user interface be different?

Slide 85 response: In the
initial Organizational
Account release, a
representative can invite
paralegals to collaborate,
but cannot invite other
attorney/accredited
representatives to be part of
their group. USCIS hopes to
provide the ability for
representatives to include
other representatives in
their group in a future
release. USCIS will conduct
outreach and public
engagement to provide
additional opportunities for
representatives and
companies to understand
how the Organizational
Account will work.

12.Slides 85-86. If
attorneys/representatives cannot
view H-1B registrations or petitions
started by a company administrator,
then a potential issue with duplicate
H1B registrations will exist. As a
practical matter, they will have to ask
the company administrator to take
screen shots to enable them to make
sure no duplicates have been
created. If the company has a large
number of registrations, it will be
extremely difficult/cumbersome to
verify whether there is a duplicate

Slides 85-86 response: Just
like under the current
registrant account, H-1B
registrations must be
created in the attorney
account, with the company
client reviewing and signing
the drafts in their registrant
(now company) account
before returning the draft to
the attorney account for
payment and submission.
Companies working with an
attorney during the H-1B

USCIS Online Account Access-008 Revision - Responses 60-day FRN Public Comments
Public Comments (regulations.gov): USCIS-2011-0015
60-day FRN Citation (federalregister.gov): 88 FR 55065
Publish Dates: August 14, 2023 – October 13, 2023
registration paid for by the company
administrator. Accordingly, we
recommend that USCIS develop a
technological safeguard to enable
companies to check, prior to
submission, for any/all duplicate
registrations that may have been
inadvertently created by company
administrators and/or their
attorneys.

registration period should
not submit any registrations
through their own accounts
if they would like to share
access to those registrations
with their legal
representatives.
The functionality to check
duplicates for submitted H1B registrations that was
available during past H-1B
registration periods will
continue to be available.