The U.S. Citizenship and Immigration Services H1-B visa lottery has ended and the petition submission phase for those who were selected has begun.
After USCIS H1-B visa registrations are marked “Selected,” those lottery winners will be able to download a PDF of the H-1B cap Registration Selection notice. This document includes detailed information about both your employee (the petitioner) and the beneficiary, your company.
The fully prepared H-1B petition, due on June 30, 2022, must include the petitioner’s Registration Selection notice. The USCIS service center where the petition should be filed is identified in that notice. Your company, the beneficiary, is the only entity allowed to file on behalf of the petitioner. Substitution of beneficiaries is not allowed.
Failure to submit the petition by the June 30, 2022 deadline will result in the H1-B number being allocated to a petitioner on the wait list lottery. Again, failure to file on time will void your registration selection.
File Your H1-B Petition Early to Enable You to Remedy Any Errors
If your H1-B cap petition is rejected before the deadline, you may have time fix any errors and resubmit. Rejection after June 30 will result in the loss of the petitioner’s H1-B cap registration.
Top 3 Issues This H1-B Cap Filing Season
- Specialty Occupation: The beneficiary must demonstrate that the position requires a bachelor’s degree, and that the petitioner has a degree in a field of study related to the position.
- Entry-Level Positions: Entry-level positions in some specialty occupation categories do not meet the standard for an H1-B. Make sure salary information and the job description are consistent with the specialty occupation criteria.
- Third-Party Placement: USCIS must see documentation regarding the relationship between the petitioner-employer and the end third-party client. Workflow documents, contracts and correspondence should all be included to provide a full picture of the engagement. Requirements include the employee’s identity, the position and its requirements, and the duration of the placement.
Litwin & Smith, Taking Your Immigration Needs Seriously
US employers must file H1B petitions for those selected in the H1B lottery before June 30. To speak with one of our immigration attorneys for assistance filing an H-1B petition, please contact us to schedule a free 10-minute H-1B consultation or call us at (650) 535-8052.