H-1B Visa Lottery March 24: U.S. Work Visa Guide

By Sanwar Ali:

The Comprehensive Guide to Navigating the H-1B Visa Lottery Process

The H-1B visa is useful for skilled professionals worldwide with a job offer to gain entry to the United States. The non-immigrant work visa, the H-1B allows U.S. employers to engage skilled foreign workers in specialty occupations. Securing an H-1B visa, however, is not a straightforward process. Every year, thousands of hopeful applicants navigate the complexities of the H-1B lottery system, which is managed by the U.S. Citizenship and Immigration Services (USCIS). This guide provides a comprehensive overview of the H-1B visa program, the lottery process, and the steps to take following selection.

The H-1B Visa: An Introduction

The H-1B is a temporary work visa that allows U.S. companies to employ foreign workers in specialty occupations. These are roles that generally require a bachelor's degree or higher and specialized knowledge in fields such as IT, engineering, mathematics, medicine, etc. The USCIS sets an annual limit, or cap, on the number of new H-1B visas that can be issued. For the fiscal year 2025, the cap is set at 65,000 for regular applications, with an additional 20,000 reserved for applicants with a master's degree or higher from a U.S. institution. It is likely to be a good idea to obtain a prevailing wage from the Department of Labor as soon as possible.

H-1B Registration Process

The H-1B registration process begins with prospective sponsors (U.S. employers) registering electronically with the USCIS. This process typically opens in early March and runs for approximately two weeks. Each registration requires a fee, and the registrant can only submit one application per beneficiary (intended visa recipient) per fiscal year.

To ensure a fair distribution, the USCIS uses a random lottery system to select a sufficient number of registrations to meet the H-1B cap. Registrants are then notified of their selection or non-selection.

The H-1B Lottery Selection

The selection for the H-1B cap is a random process that usually commences in early March. With the demand for H-1B visas usually exceeding the available cap, USCIS randomly selects enough registrations to meet the cap limit. The selected registrants are then eligible to file an H-1B petition.

Upon selection, the registrant's status will change from "Submitted" to "Selected" in their USCIS account. This indication permits the employer to proceed with the H-1B application process. Those not selected in the initial round have a chance at selection in subsequent rounds, known as the H-1B Reserve Registration, depending on the number of unfiled H-1B Petitions as of the June 30 deadline.

Post-Selection Steps

The employer employer should file a Labor Condition Application (LCA) with the Department of Labor (DOL). The employer must file a Form I-129, Petition for a Nonimmigrant Worker, with relevant documentation to USCIS. This form, accompanied by the appropriate fee, is used to apply for the employee's H-1B classification.

Changes to the H-1B Program in 2024

In 2024, the USCIS announced several changes to the H-1B visa program aimed at modernizing the process. These changes included alterations to the registration process for non-cap petitions and the introduction of entity accounts for employers.

Additionally, the USCIS proposed several measures to enhance program integrity, such as ensuring a bona fide job offer for a specialty occupation role, compliance with site visits, and third-party placement. Alongside these changes, fee increases were also proposed for H-1B applications and related services.

Comprehensive Tips for Navigating the H-1B Visa Lottery Process

1. Early Planning: Begin your H-1B visa process well in advance. Identify your H-1B needs early, discuss strategy with your immigration lawyer, and finalize the list of applicants.
2. Gathering Documentation: Have potential employees with foreign degrees gather and request required transcripts and experience letters in order to be ready to obtain foreign credential evaluation.
3. Determine the Prevailing Wage: Develop detailed job descriptions and begin gathering supporting documentation. Determine the prevailing wage for the occupation in the intended area of employment with the Department of Labor.
4. Stay Informed: Stay updated with USCIS announcements and adapt to changes in the H-1B process.

Conclusion

The H-1B visa lottery process can be complex and challenging to navigate. However, with comprehensive knowledge of the system, careful planning, and timely action, you can increase your chances of making a successful H-1B visa. Stay informed, stay prepared, and you'll be ready to navigate the H-1B visa lottery process effectively.

workpermit.com helps with US Work Visa: L1, H1B, E2, and O1 Visas

There are various types of US visas that individuals can apply for, depending on their circumstances. Some of the most common employment-based visas include:

• L1 visa: This visa is for intracompany transferees who work in managerial or executive positions or have specialized knowledge.

• H1B visa: This visa is for specialty occupations that require theoretical or technical expertise in specialized fields.

• E2 visa: This visa is for investors who have made a significant investment in a US business and, management or essential skills employees.  Only certain nationalities can apply.

• O1 visa: This visa is for individuals with extraordinary abilities in the arts, sciences, education, business, or athletics.

Workpermit.com is a specialist visa services firm with over thirty years of experience dealing with visa applications. For more information and advice, please contact us on 0344 991 9222 or at london@workpermit.com(link sends e-mail)