The H-1B visa is one of the most coveted non-immigrant visas offered by the United States. The popularity is due to foreign nationals’ ability to have dual intent. This is the intent to enter the U.S. on a temporary work visa and obtain an adjustment of status to an immigrant visa eventually.
However, the U.S. has a cap each year on the number of H-1B visas that can be issued – and this cap is reached each year quickly. The efficient, accurate filing of your visa application is paramount to the success of your case. Companies that intend to submit applications on behalf of promising H-1B visa candidates should prepare now for the coming application period.
The FY 2024 H-1B Cap Registration Begins March 1, 2023
The H-1B application process requires careful adherence to federal deadlines. Applicants only have 17 days this year to submit their applications for the H-1B lottery for the 2024 season.
The FY 2024 H-1B Cap Registration period will begin March 1, 2023, and end March 17, 2023.
Failing to apply during this short window means that the applicant is ineligible to for consideration for an H-1B visa until the 2025 season. Considering the demanding nature of a complete, accurate, and acceptable application, businesses are advised to begin the process prior to March 1st or risk missing the deadline.
Understanding the H-1B Application Process
Applying for an H-1B visa is not a simple task. The process can be broken down into the following steps.
- Step 1: Employers interested in sponsoring H-1B beneficiaries must electronically register the individuals with USCIS during the registration period given by USCIS. This is the H-1B cap registration period coming up in March. Potential beneficiaries not registered during this time will not be considered further this year.
- Step 2: USCIS will conduct computer-generated random selection, also known as the lottery, to first select regular quota filing registrants, then the master’s quota filing registrants. A candidate is only considered for the lottery if an organization has successfully registered them during the cap registration period.
- Step 3: USCIS will notify the selected registrants’ employer/sponsors electronically once the lottery is complete.
- Step 4: After this notification is received, the sponsor organization must file a complete and accurate H-1B petition with 90 days. Failing to submit an application in this time will lead to the candidate being denied a visa and a new candidate being selected from the applicant pool.
- Step 5: USCIS will adjudicate the petition as per their standard process and inform employers regarding their petition. Ideally, the employer is informed that the petition was successful. However, if it was missing information or inaccurate, organizations may be granted one opportunity to revise the petition and ensure their immigrating candidate is granted a visa.
The Importance of Proven Legal Counsel for H-1B Applications
Managing the H-1B process without guidance is not advised. It is known for its difficulty due to factors such as:
- High Demand: There are only 65,000 standard H-1B visas available in the 2024 season, and applications for the 2023 season exceeded 484,000.
- Short Deadlines: The short turn-around for registration and petitions requires employers to move quickly.
- Intensive Applications: Registrations and petitions require significant detail about the applicants.
- Little Room for Error: A missed deadline or incomplete registration or petition is likely to disqualify your candidate from consideration.
Because of the intensive requirements for a successful H-1B application, it is in your best interest to work with experienced legal counsel when submitting your registration and drafting your petition. Skilled H-1B attorneys can assist you with the issues mentioned above and reduce the risk that errors or incomplete applications disqualify them from consideration for a visa.
Call Today for Experienced H-1B Guidance
The immigration law firm of Litwin & Smith assists United States employers and foreign nationals in obtaining H-1B visas. These visas enable foreign professionals to work in the U.S. temporarily on a short- or long-term basis. Contact us if you are a foreign professional seeking an H-1B visa or an employer wishing to hire a non-U.S. citizen for employment.
Our attorneys are experienced and knowledgeable in all opportunities and requirements associated with non-immigrant H visas.
- We provide a quick turnaround.
- We have a history of successful experience.
- We provide excellent service at a competitive price.
Learn more about how we can assist you with your company’s H-1B applications by reaching out to the proven attorneys at Litwin & Smith at 650-588-7100 or send us a message.