- What is the H-1B Visa?
- Registration Process
- What is New This Year?
- The Lottery and Filing Petitions
- What Should I Do Now?
- Important Registration Dates
What is the H-1B Visa?
The H-1B visa is a nonimmigrant work visa that allows U.S. employers to hire foreign workers with specialized skills to work in the United States for a specific period of time. Typically, the roles require a bachelor’s degree or equivalent. Occupations that qualify for the H-1B visa are typically in fields such as technology, finance, engineering, architecture, or more.Before an employee can enter the United States under the H-1B classification and begin work, they may need to register with the lottery conducted by USCIS and be selected to apply. Because there is a lot of demand for this visa, there are a limited number of visas that can be issued each year.
H-1B Visa Registration Process
To file H-1B petitions subject to the FY2025 cap for an employee, you must first electronically register in the H-1B lottery. The electronic registration includes basic information about the employer and employee. If prepared by an attorney, the process requires an electronic handshake between the employer and attorney. Registrations must be submitted between March 6 and March 22, 2024. Please note: USCIS will require registrants to provide valid passport information or valid travel document information for each employee.
What is New This Year?
USCIS has recently introduced a beneficiary-centric selection process to reduce manipulation problems. No matter how many employers submit registrations for the same employee, the employee will only be entered into the lottery once. When an employee is selected, all employers who submitted registrations for that individual will be notified.
The Lottery and Filing Petitions
After the registration period, USCIS will randomly select registrations from the ones it has received and will electronically notify you or your attorney if your employee has been selected. This will happen no later than March 31, 2024. If your employee’s registration is selected, then you will have at least 90 days to file a fully prepared H-1B cap-subject petition for the employee starting April 1.
If your employee’s registration is not selected, the registration will be maintained until USCIS determines that it has received enough petitions to meet the cap. Once the cap has been reached, registrations that were not selected will be updated online as “not selected.”
What Should I Do Now?
Schedule a meeting with your attorney’s office before the registration period to discuss prospective H-1B petitions and whether the job and the individual would qualify for an H-1B. You should also discuss the timing of filing your H-1B petition with your attorney. To do this, you should:
Gather all relevant information about the job and theprospective employee’s qualifications (CV, diplomas)
Starting at 12:00 noon (ET) on February 28, set up anemployer account on myUSCIS as an “H-1B registrant.”
Call your attorney’s office with any questions.
Be prepared to discuss your expectations for processing your registration and how quickly a petition needs to be filed if selected. Your attorney can also discuss options if your registration is not selected.
Important Registration Dates
February 28: Employers may begin creating myUSCIS H-1B registration accounts
March 6: Registration period opens at 12:00noon (ET)
March 22: Registration period closes at 12:00noon (ET)
By March 31: USCIS conducts the lottery and electronically notifies selected registrants
April 1: Filing period begins for selected cases ONLY
If you have questions about the H-1B visa process, we encourage you to reach out to our office at info@ogplawfirm.com or at 201 508 08 08.
Also you can check our Instagram account for more details.
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Onal Gallant Bayram&Amin PC is a law office specializing in Real Estate Law, Intellectual Property, Corporate and Business Law, Immigration Law, and US Visa Processes. We provide reliable advice on topics like forming a corporation, buying a house in the US, trademark registration, and Green Card applications (e.g., EB3 Visa or DV Lottery). Our experienced lawyers are ready to help with exceptional knowledge and insight into immigration law.
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