As the U.S. economy recovers from the effects of the global pandemic, many U.S. employers are struggling to find qualified employees. In light of this shortage, and with travel restrictions loosening, these employers often consider hiring workers from outside the U.S. What they find, however, is that the process to bring in a foreign worker is replete with strict deadlines and complex rules. With the time period to submit one of the most popular employment visa application (the H1-B) quickly approaching, we wanted to take a moment to address some of the most common questions we get regarding this process.
WHO SHOULD KNOW ABOUT THE H-1B VISA LOTTERY?
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WHO SHOULD KNOW ABOUT THE H-1B VISA LOTTERY?
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WHO SHOULD KNOW ABOUT THE H-1B VISA LOTTERY?
- Students attending US schools on F-1 Student Visas or J-1 visa holders working in trainee programs in the U.S.
- US Employers of all sizes and types! Especially those who regularly hire employees with specialized degrees or recruit on college campuses.
- People currently with US work visas who are looking for more flexible US work visa options.
WHO IS ELIGIBLE FOR AN H-1B VISA?
The basic criteria for an H-1B visa are:
- A US employer willing to hire and petition for;
- An employee with at least a bachelor’s degree in a specialized field;
- For a job that is sufficiently specialized to require the knowledge gained from a bachelor’s degree in a related field; and,
- At a salary that is at or above the prevailing wage in the area where the employee will work.
WHAT DOES THE VISA PROCESS LOOK LIKE?
- Step 1: Employer creates an account with myuscis.gov and employer’s attorney files an H-1B registration for each employee that company wants to sponsor.
- Step 2: USCIS announces Lottery Selections.
- Step 3: If a registration is selected in the lottery, the employer’s attorney prepares and files an H-1B petition with USCIS for the employee.
- Step 4: Approval of H-1B Status, employee starts working H-1B status as early as October 1, 2022
IMPORTANT DATES FOR 2022
- NOW To Early MARCH 2022 - Contact your immigration attorney and identify and prepare H-1B cases for filing.
- Early March 2022 – End of March 2022 - USCIS opens the online H-1B registration system and your immigration attorney files registrations for you.
- April 2022 – USCIS announces lottery selection results.
- July 2022 – Your immigration attorney files petitions with USCIS for the selected registrations on or before early July.
- October 1, 2022 – Those with approved H-1B petitions can start working in H-1B status.
FREQUENTLY ASKED QUESTIONS:
Can I register for the H-1B visa lottery more than once?
An employer can file only 1 registration per employee, but an employer can file for as many employees as necessary. An employee can have multiple employers file registrations for him or her at the same time.
What if my student visa OPT status expires before October 1, 2022?
If you registration is selected in the lottery and you file an H-1B petition before the expiration of your OPT, your OPT status is automatically extended until Oct. 1 as a matter of law. This is called “Cap-Gap” protection.
How long is an H-1B valid for?
H-1B status is granted for 3 years and can be renewed for another 3 years after that. The maximum amount of time one person can spend in H-1B status is 6 years.
Can family members join an employee in the US on an H-1B visa?
Yes, family members can apply for H-4 visas at the same time as an employee applies for H-1B status.
Is there a minimum salary for employees in H-1B status?
Yes, a company must pay the prevailing wage set by the federal government. This prevailing wage varies for each particular position offered in each particular location of employment.
Can small or new companies get H-1B petitions approved?
Yes! The size of the employer company does not affect chances of selection in the lottery at all. Also, with the right attorney small companies can file H-1B petitions with high approval rates, just as effectively as large companies.
What is the role of an immigration attorney during this process?
Your immigration attorney should provide early screening and review of documents with assessment of eligibility for the H-1B visa, walk you through the entire process from beginning to end, and fully prepare and file an H-1B petition on behalf of the company and employee.
What should I do if I have more questions about this process?
We are available to answer any additional questions you may have about the H1-B visa, and discuss other options that may be available to employers and their employees.
 | Blog Entry By: Michelle A. Ross, Esq. Benjamin, Gold & Troyb, P.C. 350 Bedford Street - Suite 403 Stamford, Connecticut 06901 Telephone: 203-425-8500 Facsimile: 203-425-8600 Website: www.bgtlawfirm.com |
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