H-1B Lottery Timeline and How to Register?

Jan 26, 2024

H-1B Visa ApplicationThe H-1B visa is an essential part of  the immigration process for individuals seeking employment opportunities in the United States. For employers, it’s crucial in hiring global talent. Each year, the U.S. Citizenship and Immigration Services (USCIS) conducts a lottery for employers and their prospective H-1B employees to be selected for eligibility to work in the U.S. However, understanding how to apply and the lottery timeline can be complex. This guide simplifies the H-1B Lottery timeline and explains how to register, helping individuals and employers through the process.  The Towne Law Firm P.C.’s dedicated team of immigration attorneys can help individuals and employers across the United States navigate the complexities of the registration process seamlessly.

The H-1B Lottery Timeline

The H-1B Visa is a non-immigrant visa that allows U.S. companies to employ foreign workers in specialty occupations. A key feature of the H-1B Visa is its annual cap, which leads to a lottery system due to the high demand. Knowing the timeline and registration procedure is crucial for applicants and employers alike.

This timeline provides a general overview of the H-1B lottery process and may vary slightly each year based on USCIS policies and timelines.

March 6th 2024: Registration Window Opens

  • Official opening of the H-1B registration period.
  • Employers must submit basic details about their company and the intended H-1B employee(s).

March 22nd 2024 : Registration Window Closes

  • End of the registration period for the H-1B lottery.

March 31st 2024: Lottery Selection

  • Date by which USCIS intends to notify selected registrants.
  • This process determines which registrations will proceed to the petition filing stage.

April 1st, 2024 to June 30th, 2024: Petition Filing Period

  • Employers of selected candidates are notified.
  • A 3-month period is given to these employers to file a complete H-1B visa petition.
  • This involves submitting detailed documentation about the employee and the specialty occupation.

April 1st, 2024 onwards: USCIS Processing

  • USCIS reviews and processes the filed petitions.
  • This may include requests for additional evidence (RFEs).

October 1st, 2024 onwards: Start of New Fiscal Year

  • Approved H-1B visas generally become effective.
  • Successful candidates may begin their employment in the U.S.

*Please note, each year the timeline changes.

Registration Process

Each of these steps is integral to the H-1B lottery process, aimed at streamlining and managing the demand for H-1B visas.

Step 1: Employer Registration

Employers must register with USCIS during a designated period, providing essential information about their company and each potential H-1B employee. This step is crucial as it determines who can enter the lottery. For more information, you can visit the H-1B Electronic Registration Process website.

Step 2: Beneficiary Qualifications

The H-1B visa category is designated for specialty occupations typically requiring a bachelor’s degree or higher in a relevant field. This criterion is crucial to ensure the visa is allocated to roles that demand specific, advanced knowledge. Details on specialty occupations are available at USCIS H-1B Specialty Occupations.

Step 3: Labor Condition Application (LCA)

Employers must obtain an LCA from the Department of Labor. This document certifies that the employer will pay the prevailing wage and comply with working conditions standards, protecting both U.S. and foreign workers. For LCA requirements, visit the Department of Labor’s Foreign Labor Certification.

Step 4: Step 4: Cap Limit Awareness

The H-1B visa has a yearly cap, limiting the number of visas issued. This cap makes the process competitive, leading to the necessity of a lottery system. Learn about the H-1B cap at USCIS H-1B Cap Season.

Step 5: Registration Fee Payment

Pay the required registration fee for each H-1B registration. This fee is part of the administrative costs of processing registrations.

Step 6: Lottery Selection

After the registration window closes, USCIS conducts a random lottery to select which registrations will be eligible to file an H-1B petition, ensuring a fair selection process.

Step 6: Petition Filing

Employers with selected registrations must then file a comprehensive H-1B petition for each candidate. For petition filing, visit USCIS Form I-129.

Partner With an Albany Immigration Attorney for Success 

The process of applying for and obtaining an H-1B visa, a highly sought-after route for skilled professionals seeking to work in the United States, presents a series of significant steps and deadlines. The Towne Law Firm, P.C., based in Albany, NY, offers thorough guidance and support through each phase of this process. From the initial stage of preparing documents and understanding the nuances of the H-1B lottery system, to the critical post-lottery phase where timely and accurate petition filing is key, The Towne Law Firm, P.C. stands ready to assist.

Our Albany, NY immigration lawyers at The Towne Law Firm, P.C. are dedicated to offering comprehensive assistance throughout the H-1B visa journey. We aim to ensure that each application not only adheres to all legal requirements but also effectively represents the professional qualities and capabilities of the applicant.

For personalized advice and assistance in your H-1B visa application process, reach out to us today. Our immigration lawyers will walk you through every stage while working to make your career aspirations a reality.

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