When it comes to navigating the complexities of U.S. immigration law, particularly the H-1B visa process, it’s critical to stay ahead of the game. The registration process involves several detailed steps, and meeting deadlines is crucial to ensure candidates are eligible for consideration in the annual U.S. Citizenship and Immigration Services (USCIS)visa lottery.
In this context, we’re excited to announce a special offer for employers who choose to work with Litwin & Smith during the H1B process — free registration services. Here’s how attorneys, including ours, facilitate the H-1B visa lottery registration and how you can benefit from our early registration discount.
The H-1B Visa Lottery Registration Process
The H-1B visa allows U.S. employers to employ foreign workers in specialty occupations temporarily. Due to the high demand and a cap on the number of visas issued annually, USCIS conducts a lottery to select the petitions that will be processed.
To be considered for the lottery, candidates must be registered by employers or their agents within a narrow window. For FY2025, all registrations must be submitted between noon EST on March 6 and noon EST on March 22, 2024. Here’s what the process looks like, complete with changes from last year’s proceedings.
Step 1: Preliminary Documentation and Assessment
Attorneys begin by assessing the candidate’s eligibility, ensuring they meet the criteria for a specialty occupation. This involves a detailed review of the candidate’s educational background, work experience, and the job offer from the U.S. employer to ensure it qualifies under H-1B visa requirements.
Step 2: LCA Submission
Attorneys assist employers in filing a Labor Condition Application (LCA) with the Department of Labor, which is a prerequisite for the H-1B petition. The LCA confirms that the employer will pay the prevailing wage for the position in the geographic location where the job is located and that employing H-1B workers will not adversely affect the working conditions of U.S. workers similarly employed.
Step 3: Registration for the Lottery
During the registration period, attorneys submit electronic registrations on behalf of each candidate sponsored by their employer. This involves providing basic information about the company and each prospective employee. USCIS then conducts the lottery to select registrations that will be eligible to file H-1B cap-subject petitions.
This year, USCIS has made substantial changes to how registration accounts will work. The agency is launching new “organizational” accounts as of February 28, 2024, and upgrading all prior extant accounts on the same day. These accounts allow multiple representatives of an organization to work jointly on applications rather than requiring one individual to see the entire process through. However, the need for accuracy and attention to detail remains as important as ever.
Step 4: Filing the H-1B Petition
If selected in the lottery, attorneys prepare and file the H-1B petition with USCIS on behalf of the employer and the candidate. This stage requires compiling extensive documentation to prove eligibility and compliance with H-1B requirements. As of 2024, H-1B petitions may finally be filed online.
Our $30 Discount for Early Registrants
To encourage timely and efficient registrations, our law firm offers a $30 discount to clients who engage our services for early registration. This offer is designed to:
- Encourage Early Preparation: Starting the process early allows for thorough preparation and review of all necessary documentation, increasing the chances of success.
- Reduce Stress: Early registration helps avoid last-minute rushes, reducing stress for both the employer and the candidate.
- Maximize Chances: By ensuring that all materials are accurately prepared and submitted within appropriate timeframe, candidates can minimize their chances of being disqualified from the lottery.
To avail of the early registration discount, we encourage potential clients to contact our firm well before the H-1B registration window opens. This allows sufficient time for preliminary assessments, LCA filing, and preparation for the registration process.
Stay Ahead of the Game With Litwin & Smith
Navigating the H-1B visa lottery registration requires careful planning and attention to detail. By partnering with our experienced immigration attorneys, candidates, and employers can streamline this complex process. Free registration for employers is an incentive to get started on this path as soon as possible, ensuring the best possible preparation and peace of mind. Contact us today to learn more about how we can assist you with your H-1B visa registration and help you take advantage of this special offer.