What is the last date for H-1B filing 2022?
All H-1B registrations must be submitted after 12 p.m. EST on March 1, 2022, and before 12 p.m. EST on March 18, 2022. If you submit your petition outside this window, USCIS will issue a denial. Employers can submit only one registration per sponsor for each beneficiary.
When can I apply for H-1B visa 2023?
On March 1, 2023, USCIS will begin accepting registrations of H1B petitions subject to the Fiscal Year 2023 cap. Beneficiaries of successful FY 2023 H1B petitions will be eligible to start working in the U.S. on October 1, 2022.
Is the H-1B lottery done for 2022?
There is no set day on which the 2022 H1B lottery results will be released. Results may be released anywhere from April to August. In 2019, USCIS released a note saying that all lottery petitions that had not been picked would receive notification by August 29th.
Is it too late to apply for H-1B visa?
The truth is there is no set deadline for H1B visa petition. If so, what is April 1st ? Why are everyone mentioning about April 1st ? Well, typically, USCIS starts accepting H1B visa petitions for next fiscal year from April 1st and they continue to accept the applications until the H1B visa cap is reached.
When to apply H1B Visa 2022?
Employers and their representatives (registrants) may create and submit registration forms from March 1, 2022 onwards. The H-1B cap registration window will be open March 1 through noon (ET) on March 18, 2022 and the USCIS will conduct a lottery if it receives more registration than the annual CAP on H-1Bs.
When to apply for H-1B 2022?
H1B registration deadline 2022 For the 2023 financial year, H1B registrations must be made between March 1, 2022 and March 18, 2022. The H-1B registration period opens at noon EST on March 1, and closes at noon EST on March 18.
How many H-1B applications received for 2022?
For FY 2022, USCIS reports that it has selected 131,970 registrations out of a total of 308,613 registrations. The odds are slightly more favorable for the 20,000 U.S. Master's or higher degree holders. Data is still forthcoming on how many petitions were ultimately filed and approved.
How can I increase my chances of H1B visa?
4 Tips to Increase Your Chances at an H1B VisaGet your application in as quickly as possible. The USCIS accepts applications in April and, believe us, they come in thick and fast. ... Only apply once. ... Don't pay your own fee. ... Make sure your employer is a “good” one.
What are the chances of H-1B approval?
In 2018 (fy 2019) 170,098 H1B visa petitions were approved, and 65,000 were allocated for the regular cap, resulting in a less than 38% chance of being selected for H1B visa. During the H-1B lottery fy 2018, USCIS received 199,000 H-1B petitions, including petitions filed under the advanced degree petitions.
Is H-1B lottery done for 2023?
On March 29th, 2022, U.S. Citizenship and Immigration Services (USCIS) released an official statement announcing the first-round results from the F.Y. 2023 H-1B lottery had been sent to all selected applicants, and employers were required to verify their H-1B registration accounts.
How long does H-1B approval take?
3 months to 1 yearHow long does H1B regular processing take? H1B regular application processing time is 3 months to 1 year for approvals. It keeps changing based on current affairs and circumstances. During COVID-19 closures, USCIS did approve many regular H1B applications within 2 weeks.
Can I apply for H-1B anytime?
These employers are able to submit an H-1B application to the USCIS at any time during the year without concern for the fiscal year limit. However, a person who works for an H-1B cap-exempt employer who changes jobs to an employer that is not exempt may become subject to the H-1B cap.
How Does Premium Processing Work?
Premium processing service allows an employment-based petition/application to be expedited, generally within 15 days. The service fee is $2,500.
What to Do After Filing H-1B Petition?
If your registration is selected in the lottery, then your employer will need to file a petition, which will move on to the adjudication stage, meaning that it will be processed. An evaluating immigration officer will decide if your H-1B case is approved or denied/rejected. If it is approved, then you will have one of two options:
Why doesn't iCert recognize my employer?
This occurs because a pre-verification has not been completed before the LCA being submitted.
What is a labor condition application?
A Labor Condition Application is what your employer must certify and send when filing your petition. A copy of this document is also accepted. Always be mindful of the LCA processing times and plan your documentation accordingly.
How long can I stay in the US on an I-140?
This visa is granted for up to three years with the option to extend it to a maximum of six years. There are select cases in which you may be granted a stay longer than six years. This is usually in conjunction with a pending I-140 petition so that you can maintain your status.
When will the USCIS open for 2021?
The registration window will open on March 9, 2021, and end on March 25, 2021. Petitions will still be used, but only once a beneficiary has been selected in the lottery to make things more efficient.
How much does an employer have to pay to enter the lottery?
Employers only need to file the registration fee of $10 to enter the lottery. However, if an alien’s registration is chosen, his or her employer will be responsible for the following fees:
H-1B Visa Registration 2021-22
The H-1B Visa 2021 cap season is approaching quickly. To begin your application or registration for H-1B visa, applicants are required to use the USCIS’s pre-registration lottery system. Registration for H-1B visa opens on March 9, 2021 and ends on March 25, 2021. Planning on registering in the H-1B visa lottery? Here’s how the system works:
Registering for H-1B Visa
To register for the H-1B visa lottery, you must know the following information:
Denied H-1B Visa Application
Registering or applying incorrectly can result in an automatic denial for H-1B visa. To avoid being denied without consideration, keep the following in mind:
Regular Cap vs Master Cap
The purpose of the visa “cap” is simply the limit set by the government on how many H-1B visas can be issued. There are two main types of visa caps under this U.S. visa category: regular cap and master cap.
New Changes to H-1B Visa
With a new administration in the White House, changes to immigration policy are expected. While the new administration had intended to modify the current cap system by prioritizing by wage levels set by the Department of Labor (DOL), it was deemed that this will not affect the H-1B visa lottery of 2021-22.
How an Immigration Attorney Can Help You
The legal team at Scott D. Pollock & Associates, P.C. have decades of combined experience in immigration law. We provide individuals with the representation and legal advice they need when navigating through the process of obtaining an H-1B visa.
What is a request for evidence?
A Request for Evidence is when USCIS needs more information to decide on whether to approve it or deny it. It’s critical to respond to the RFE within the specified time window. There are three ways you and your lawyer can respond to one.
What happens if a beneficiary fails to earn a masters degree?
If the beneficiary fails to earn their qualifying master’s degree or higher when the H-1B petition is filed, then the petition will be denied or rejected.
What happens if you submit a registration incorrectly?
This means that it correctly falls into either the regular or master’s cap. If a registration is incorrectly submitted into the master’s cap and is selected, it will be subsequently denied during processing.
What is the first approach to USCIS?
The first approach is a full response. As the name implies, you submit all the requested evidence to USCIS along with your response.
What is the advantage of being entered into the masters cap?
The advantage of being entered into the master’s cap is that you will essentially have two separate opportunities to be selected for a visa.
How many statuses are there in the online portal?
In the online portal, there will be one of four statuses indicated next to your case. They are explained below:
Why is it important to follow all submission rules?
It’s imperative to follow all the submission rules to ensure the greatest chances of approval.
When does the H1B visa process start?
USCIS assigns a specific time when it will process H1B visa petitions. This starts in the beginning of April and goes on until the end of October. In October, the fiscal year for USCIS begins and lasts until September of next year.
How long does it take to get an H1B visa?
The regular H1B visa processing time is from 1 month to 6 months. This also depends on the service center.
What are the Types of H1B Processing?
Because the U.S authorities are aware of the demand for the H1B visa, they have developed a long process of applying for an H1 B visa. There is also a specific way through which these visas get processed.
How Are the H1B Visas Processed?
The way that H1B visas get processed is quite random. The selection is called the H1B visa lottery. That shows that there is no order or preference in who gets selected. USCIS starts with the 20,000 petitions for those with graduate degrees from U.S institutions.
What happens after USCIS processes H1B visa?
After USCIS processes the H1B visa, they might ask for more evidence. The petitioner must provide this evidence and then USCIS will make a decision.
How long does it take for USCIS to process a petition?
Premium processing guarantees that the petition will be processed within 15 days of submission. If it does get processed within that time, USCIS refunds the fee. So instead of waiting for processing for months, they only wait for 2 weeks.
How long can an employer keep an employee on H1B?
After 3 years with the H1B visa, the employer might want to still keep the foreign employee in their company. The H1B visa rules allow an extension of another 3 years.
When does the H1B visa open?
The applications open every year in spring. USCIS approves around 65,000 petitions per year starting from October 1 st to September 30 th of the following year. 6,800 petitions are reserved for H1B1 visas for Chile and Singapore nationals, while the rest for H1B visas. The applications of the first 20 thousand applicants with a master’s degree are exempt from this visa cap.
How to Extend the H1B Visa?
The H1B extension procedures are similar to the initial application process. You will need to pay the same fees, except for the Fraud Prevention and Protection Fee. Your employer will also have to follow the same procedures for getting certification from DOL and an approved petition from USCIS. In addition, you will submit these documents:
How Long Can I Stay in the US with an H1B Visa?
The H1B visa is initially valid for 3 years but can extend for another 3 years. In total, a person can stay and work in the US for 6 years at most. However, that does not mean that the person must return to their home country. What makes the H1B visa popular is that it is a dual intent visa.
What is H1B Visa Stamping?
In case you are granted an H1B visa, you need to go on and apply for the H1B visa stamping. This a process on its own, and you should check out the H1B visa stamping article for more details.
How to See My H1B Status Updates?
When your employer submits the H1B visa petition, you will receive a 13-digit receipt number which you can use to check on your H1B status on the USCIS website . The receipt number starts with an “ EAC, WAC, LIN, SRC, NBC, MSC or IOE” and is followed by 10 numbers. Your status could state one of the following:
How Long Do I Have to Wait for Processing?
The H1B visa processing time depends from country to country. US Embassies in different countries/cities have various processing times, so it is best to contact them for any details.
What is an H1B amendment?
The H1B Amendment requires US employers to file an amended petition in case the employee has any material changes. Material changes are defined as anything that impacts the employee’s eligibility for an H1B visa. The USCIS does not give a list of what qualifies as such a change, but examples include:
What is a registered account?
Registrant account – This is the account that a prospective petitioner must create in order participate in the H-1B registration process, regardless of whether the prospective petitioner will be using an attorney or accredited representative to submit the registration.
How many registrations can a prospective petitioner have?
A prospective petitioner may only have one registration submitted per beneficiary per fiscal year. Once the initial registration period has closed, if the prospective petitioner has more than one registration submitted for the same beneficiary, we will remove all registrations submitted for that beneficiary by that prospective petitioner from the selection process. This does not prevent other prospective petitioners or their representatives from submitting registrations for that same beneficiary, but they too need to ensure that each prospective petitioner only has one registration submitted for the beneficiary.
Why is my petition not being rejected?
A: Petitions will not be rejected solely because the petitioner’s address on the registration and the petition are not the same. However, in such situations, petitioners should include a statement with their petition, with supporting documentation, explaining why the address on the registration differs from the address on the petition. If USCIS is not able to determine that the petitioning entity is the same as the prospective petitioner identified on the selected registration, the petition may be rejected or denied.
What is an online USCIS account?
There are three types of USCIS online accounts: Applicant/petitioner/requestor account – Individuals use this type of account to prepare and file applications, petitions or other benefit requests. You cannot use this account type to prepare or submit H-1B registrations.
How does electronic registration help employers?
The electronic registration process has streamlined processing by reducing paperwork and data exchange, and has provided overall cost savings to employers seeking to file H-1B cap-subject petitions.
Can a representative and a registrant register the same beneficiary?
A: The system will not prevent a representative and a registrant from both registering the same beneficiary. The representative and the registrant are responsible for ensuring that duplicate registrations are not submitted.
Can you appeal a duplicate registration?
A: Registrations that are determined to be duplicates will be invalid. A registrant who submits duplicate registrations will not be able to appeal the invalidation.
Overview
The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent.
Key News
On January 15, 2021, the U.S. Department of Labor (Department) issued an Office of Foreign Labor Certification H-1B Program Bulletin and a Wage and Hour Division Field Assistance Bulletin (FAB) revising its interpretation of its regulations concerning which employers of H-1B workers must file Labor Condition Applications.
