The H-1B visa is a great opportunity for skilled workers who want to build their careers in the United States. However, for first-time applicants, the application process can seem daunting.
The H-1B lottery creates one more unknown that requires careful preparation. Knowing the process and taking the right steps can increase your chances.
What Is the H-1B Lottery?
The H-1B program is massively oversubscribed every year. The USCIS receives more applications than there are visas available. To administer this, USCIS does a random lottery. There are 85,000 total visas, including 20,000 reserved for people with advanced degrees from U.S. institutions.
However, if you are not selected, you must wait a whole year to apply again. Because the lottery is random, thorough preparation ahead of registration is essential. If you want assistance, look at our H-1B visa services that can help you ensure you meet all the criteria.
Preparing for Registration
The H-1B process starts with registration, typically in March. The USCIS will not initiate your entry into the H1B lottery; your employer has to register you on its USCIS portal account. USCIS conducts the lottery and notifies applicants who are selected.
As registration only lasts a short time, you need your employer to register on time. If you miss the deadline, you would have to wait a full year. Employers can seek our immigration services for accurate and timely registration to prevent any lags.
Establishing a solid H-1B petition
If you get selected in the lottery, then you will need to file a complete H-1B petition. These consist of your job offer and demonstration of your qualifications as well as documentation of the employer. Your employer should also submit a Department of Labor-approved Labor Condition Application (LCA).
Good documentation helps to avoid requests for additional evidence that might lengthen the processing. An experienced immigration attorney can make a huge difference in your case. Reach out to The Law Office of Olena Manilich to help you file a strong H-1B petition.
Cost of the H-1B Process
There are multiple fees associated with the H-1B process. The registration fee is $10. If you are, your employer would need to pay additional fees: a $460 filing fee, a $500 anti-fraud fee, and a $750 or $1,500 fee under the American Competitiveness and Workforce Improvement Act (depending on how large the company is). The cost of premium processing, which hastens review time, is $2,805.
Legal fees could also be incurred if your employer hires a lawyer. Knowing these costs ahead of time helps you and your employer to budget properly. To get more information regarding the expenses and filing fees, book a consultation with our team.
If you’re not selected, what to do
If then chosen in the lottery, from that selection, apply for a visa. The O-1 visa is ideal for people with extraordinary ability in their field. Some employers will offer an L-1 visa for intracompany transfers as well. Alternatively, you can consider getting another work visa with a cap-exempt employer. Check our immigration services if you are seeking options for how to proceed.
Get Expert Help
Navigating the H-1B process can be complicated, and missteps can cause applications to be delayed or denied. Having an experienced lawyer at your side can improve your chances of success.
The Law Office of Olena Manilich is here to help if you need assistance with registration, petition preparation, or other options. Stay tuned for the next installment in our H-1B series.
