Introduction to H1B Visa Lottery
The H1B Visa Lottery is a gateway to career opportunities in the United States for many international professionals. Understanding the process and preparing ahead are critical for a successful application. This guide provides a detailed roadmap for navigating the H1B Visa Lottery, offering insights and tips for each phase of the process.
When it comes to the H1B visa lottery, it's a significant misconception to think you just need to submit your application in March and wait. Actually, the preparation for H1B should begin at the end of the previous year. If you're planning to participate in the lottery, you should start preparing mentally now to avoid being overwhelmed later. I've summarized the entire timeline for the H1B lottery, including important points to note. Make sure you read through and bookmark this for future reference.
*H1B Lottery Timeline Update: Employers can start registering for the H1B lottery on February 21st, and the deadline for submitting information is March 22nd.
FY2025 H1B lottery result is out！
Early December: Confirming Lottery Eligibility with Your Employer
At this time, it's crucial to get a clear confirmation from your employer about your eligibility for the H1B lottery. Many HR representatives might say during interviews, "If your performance is good, we'll support the H1B lottery." So in December, you need to confirm with your supervisor or HR whether your job performance meets the company's criteria for supporting the H1B lottery. If you find out you're not eligible for the lottery, this is the latest time to consider changing jobs.
Mid-January: Consulting with a Lawyer
If your employer is a small company or inexperienced with the H1B lottery, they might be sponsoring an employee for the first time. At this stage, it's advisable to contact a lawyer with your employer to familiarize yourself with the process. Don't leave everything to others; start preparing any necessary documents in advance to adjust promptly if needed. If your employer doesn’t have a preferred lawyer, you can find one yourself and jointly confirm a reliable lawyer.
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Mid to Late February (Starting February 21, 2024): Employer Registration for the H1B Lottery
Employers who have participated in the lottery before should check if their email registered with myUSCIS is still valid. For first-time participants, the registration for the H1B lottery usually starts on February 21st. By this time, you should have finalized the lawyer who will assist with the lottery.
Early to Mid-March (March 6 to March 22, 2024): H1B Registration
From March 6th, the USCIS website's electronic registration system for the H1B lottery opens. Employers and lawyers can start entering information and pay a $10 registration fee for each employee. After submission, check that each employee's status in the system is "Submitted."
Note: Employers should complete the registration as early as possible to avoid last-minute errors. All USCIS deadlines are based on Eastern Time. According to past experience, the latest registration deadline in 2024 is expected to be 5:00 PM Eastern Time (2:00 PM Pacific Time).
April 1st: Lottery Result Notification
Based on past years, if USCIS receives enough registrations by 5:00 PM Eastern Time on March 22nd, they will start the random selection process, with a total of 85,000 visas available (65,000 under the Regular Cap and 20,000 under the Master's Cap). By March 31st, USCIS will notify the results, with "Selected" indicating you've been chosen in the lottery.
April 1st to June 30th: Preparing Submission Materials and Waiting for Approval
If you're selected, it's time to start preparing your materials. You have 90 days to apply for an LCA and submit all application materials. Make sure to submit within the validity period, otherwise, you'll be rejected. Here are some scenarios to consider:- If your status expires in April, prepare all documents in advance and submit them immediately after being selected.
- If you're still studying and participating in the lottery, you must wait until you receive your degree to start the application process, with a deadline of June 30th.
- If you are an F1 student using Cap-Gap, ensure your F1 or OPT end date is before March 30th. Cap-Gap only takes effect after the H1B is submitted to USCIS. Students can extend their status until September 30th.
H1B Document Preparation, Specific Process:
STEP 1: Apply for LCA (Labor Condition Application)
1.1 What is LCA?
- The first step in applying for an H1B is to submit an LCA. The purpose is to prove to the Department of Labor that there's a need for a foreign employee because no suitable American employee was found. It also ensures that the foreign employee won't negatively impact the domestic labor market and that their salary meets or exceeds the prevailing wage.
1.2 LCA Approval Time:
- For employers with previous H1B applications: Approval time isusually 7 working days.
- For first-time H1B employers: Time may be longer as the DOL needs to identify the employer's EIN, which takes about a week.
STEP 2: Fill Out Form I-129
This form is part of the application for non-immigrant work visas. Sections to be filled out include:
- Petition for a Nonimmigrant Worker (pages 1-8);
- H Classification Supplement (pages 13-18);
- Data Collection and Filing Fee Exemption Supplement (pages 19-21).
STEP 3: Check All Materials
Include Cover letter, check, application forms, other supplementary documents, and a Duplicate Copy. Once everything is ready, send it out.
Then, wait patiently for the approval results. If your materials pass the review, you'll receive the I-797 Approve Notice. If not, USCIS will issue an RFE (Request For Evidence) for additional documentation, and you can consult with your lawyer to complete the required materials.
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July to September 30th: Waiting for the H1B to Take Effect + Visa Appointment (If Outside the U.S.)
October 1st: H1B Officially Takes Effect! Congratulations 🎉
For approved H1B applicants, the visa takes effect on October 1st. For those still waiting for approval, the specific effective date is based on the I-797 form.
FAQ：
What is the H1B Visa Lottery?
The H1B Visa Lottery is a random selection process used by USCIS to allocate H1B visas to applicants when demand exceeds the annual limit.
How can I confirm my eligibility for the H1B lottery with my employer?
Discuss with your HR or supervisor about the company’s criteria and your job performance to confirm your eligibility for the H1B lottery.
Why is it important to consult a lawyer for the H1B visa process?
Consulting a lawyer is important for navigating the legal complexities of the H1B visa process and ensuring compliance with regulations.
What are the key dates for the H1B lottery registration?
Key dates include employer registration in late February, submission deadline in 22nd March, and lottery results announced by the end of March.
How does the lottery result notification work?
Lottery results are announced via the myUSCIS online portal, where applicants can check their selection status.
What should I do if I'm selected in the H1B lottery?
If selected, prepare and submit your visa application, including an LCA, Form I-129, and other documents, adhering to the specified timelines.
How confident do you feel with where the company is going?
We will begin in this chapter by dealing with some general quantum mechanical ideas. Some of the statements will be quite precise, others only partially precise. It will be hard to tell you as we go along which is which, but by the time you have finished the rest of the book, you will understand in looking back which parts hold up and which parts were only explained roughly.
That's the complete overview of the H1B lottery process. Hopefully, this guide helps everyone get selected on their first try and successfully secure their visa! For more information on the H1B application and lottery process, follow Goelite. We regularly invite professional lawyers to hold seminars and answer your questions for free. For those not selected, learn about Day 1 CPT to help you continue working or re-enter the lottery!
