For those who were selected - congratulations! It is estimated that you are the lucky 25% of those that registered this year. If you did not work with an attorney to file the registration, now is a good time to engage with a qualified immigration attorney to complete the process for you.
The next steps in the process include:
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- Filing a Labor Condition Application with the Department of Labor (if you have not already done so).
- Preparing the full H-1B Petition Materials for filing in paper form with USCIS by June 30, 2022 (at the latest).
- Planning for any specific timing issues between now and the start date of a new H-1B status on October 1, 2022. Some of the common timing issues worth considering are:
- Does your employee’s OPT status expire before June 30, 2022? If so, make sure that your petition is filed before that expiration date.
- Does your employee need to travel abroad between now and October 1? If so, they should proceed with caution! Travel can affect how the petition is processed, and how the switch from one visa category to H-1B will proceed.
- Are there any gaps in employment authorization that might arise between now and October 1, 2022? If so, a strategy needs to be developed now to deal with this.
For those who were not selected:
Keep monitoring your account on mysuscis.gov. Over the last two years, USCIS has conducted second and even third lotteries before fully closing the selections for the fiscal year. While chances of being selected later are low, it is still possible.
Talk to your immigration attorneys to discuss any other immediate back-up visa options, or longer-term visa options for the future. HERE is a helpful summary of potential options that you should discuss with your attorney.