How to Get Ready for H-1B Cap Season of 2023
By Joanne Urena, on December 8, 2022
Are you ready to begin a new adventure in your professional life? Are you looking to hire foreign nationals? Consider applying for H-1B, a visa that allows foreign nationals to work in a specialty occupation in U.S. businesses.
Basic introduction of H1B Visa
H-1B is a visa that is selected by lottery. 85,000 visas are available. 20,000 for Masters and 65,000 for all others. Employers register candidates that they are interested in sponsoring and provide basic company information along with the name, date of birth, passport number, and country of birth and nationality. This information is used to run the lottery.
Timeline of H1B visa application
Registration opens in early March every year and closes three weeks later. By the end of March, candidates are notified that they have been selected in the lottery. Companies and their candidates then have until June 30 to submit a petition to USCIS. Candidates can only register once for a particular job. Multiple registrations will be denied. Normally USCIS will mail notice of approval, denial, or RFE(Request of evidence) within 2-3 months. Candidates will be able to start work according to the validity period if approval is granted.
Detailed timeline based on past two years’ calendar:
12/1/2022 to 1/31/2023
Confirmation with the employer(Job title & wage etc) & contact an immigration attorney
Familiar with the application process and prepare H1B registration and application materials
H1B electronic registration & lottery
3/21/2023- 3/31/2023(might change)
USCIS sending notices of lottery
File LCA(labor condition application), I-129 form and H1B package documents
USCIS sending notices of approval, denial or RFE(request of evidence)
How do you prepare for H1B application as employers and candidates?
First, if you are an employer, you can begin to identify candidates who would be a good match for your business. Candidates must have at least a U.S. bachelor’s degree or its equivalent and job duties that encompass a “specialty occupation” This is a broad category that includes a range of job titles (accountant, chemist, engineer, software developer, mathematician, physician, lawyer, graphic designer, marketing specialist, data analyst, and many others). If you are a candidate for H-1B you can survey employers to see who might be hiring and whose needs might be a good match for your skills.
The next step would be to gather the documents needed for the company: the company’s name and address, EIN letter, the name and job title of the person who will be signing the petition, and the detailed job duties for the proposed position. You also need to gather the documents for the beneficiary: passport, EAD, diploma, and transcript. With this information, the attorneys can ensure that the candidates are indeed eligible for H-1B by virtue of their education and detailed job duties and proceed to the registration process.
Registration is online through USCIS attorney and employer accounts. The attorneys draft the registration, and the employer ultimately approves the registration. The cost is minimal, only $10 per beneficiary, paid through the attorney account.
H-1B has many advantages. It is a pathway to a green card (“dual intent”). H-1B also offers stability, with an extension for 3 years after the initial period and then subsequent extensions with an approved I-140 until the priority date becomes current. Finally, H-1B offers H-4 EAD authorization to work to H-1B spouses after an approved I-140.
The H-1B lottery is only three months away. Now is the time to begin preparing so that all the documents are gathered to do a successful registration in March. You’ll be ready to take your shot at winning the lottery.
Anderson & Associates, P.C., has counseled hundreds of international companies with regard to labor laws and H1B applications. Our clients include Fortune 500 companies, major multinational corporations, and universities & institutions, as well as leading e-commerce companies, the hospitality industry, and not-for-profit institutions. We also represent individuals who wish to work in the U.S., such as foreign students looking for their first job after graduation. Our immigration lawyer team has rich experience in H1B filing and H1B RFE response practice. You are welcome to contact us if you need H1B application consultation service(either as an employer or employee). We wish applicants and beneficiaries good luck in the coming 2023 H1B season!
Yen-Yi Anderson, Managing Partner of Anderson & Associates, founded the law firm in January 2014. Yen-Yi Anderson focuses her practice on business immigration and non-immigration visas(H1B/EB1/ EB2/EB3/EB5, etc), commercial law, and civil litigation.
Joanne Urena, Paralegal at Anderson & Associates. Joanne assists attorneys with documentation preparation and case correspondence for a wide range of cases, including H1B, EB1A, EB1B, L1, and more.