This article provides a detailed guide to the H-1B application process and timeline, helping you navigate each step to successfully apply for an H-1B visa.
Early December: Confirm H-1B Sponsorship with Employer
By December, confirm with your employer whether they will sponsor you for an H-1B visa. While many companies promise H-1B sponsorship during interviews, they may not always follow through. Check with your supervisor or HR department to ensure the company will sponsor you. If they won't, you can start looking for a new job.
Mid-January: Consult with an Attorney
Some companies may lack experience with H-1B sponsorship. In such cases, it is advisable to consult with an attorney alongside your employer to understand the process thoroughly. You should begin gathering the necessary documents early to address any issues promptly. If your employer does not have a preferred attorney, find a reliable one on your own.
Late February: Employer Creates an H-1B Lottery Account
Employers with experience filing H-1B petition need to ensure the email associated with myUSCIS is still valid. New employers need to create an H-1B lottery account starting February 21. This is also the time to finalize your choice of attorney.
Early to Mid-March: Complete H-1B Registration
The electronic registration system for the H-1B lottery opens from March 1 to March 17. During this period, employers and attorneys can enter the necessary information and pay the $10 registration fee for each employee. Ensure that the status for each employee in the system shows “Submitted.”
Moreover, it is important for your employer to complete the process early to avoid last-minute issues. Note that deadlines are based on Eastern Time, so those on the West Coast need to be especially mindful.
April 1: Notification of Lottery Results
Historically, if USCIS receives enough registrations by 12:00 PM EST on March 17, the lottery process will begin. By March 31, USCIS will notify applicants of the results. If your status shows “Selected,” it means you have been selected.
April 1 - June 30: Prepare and Submit Materials if Selected
If selected, you need to start preparing your application materials immediately. Usually, you will have 90 days to apply for the Labor Condition Application (LCA) and submit all necessary documents. Missing this deadline will result in automatic rejection.
Depending on your situation:
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Expiring Status in April: Prepare all documents in advance and submit them immediately after selection to remain in the U.S. during the pending period.
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Graduating Students: Obtain your degree before applying, and ensure you meet the submission deadline of June 30.
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During OPT: Ensure your OPT is still valid after March 30 to qualify for H-1B Cap-Gap, which can extend your OPT to September 30 until your H-1B begins on October 1.
July to September 30: Await H-1B Activation within the U.S., or Schedule a Visa Interview if Abroad
If you choose "change of status in the U.S." during the application, it is recommended not to leave the U.S. during the pending period.
October 1: H-1B Activation
Your H-1B status becomes effective on October 1. If you are still responding to an RFE, the effective date will be the specific date on your Form I-797 once the RFE is approved.