Travel Outside Us Once H1b Is Picked

As we enter the H-1B 2022-2023 flavour, U.S. employers and prospective foreign employees are preparing to submit their registrations and enter the annual H-1B lottery. One way to make your registration stand out is to enter the H-1B master'southward cap degree exemption, a separate lottery for those who possess advanced degrees from eligible institutions.

Information technology may audio simple, merely there are precise requirements to follow when applying. And so let's delve into the master's cap, how it can benefit yous, and how you tin enter it.

The registration for the highly coveted H1B visa lottery was conducted between March 1 and March eighteen, 2022. While in that location is no official announcement fabricated past USCIS yet, attorneys and petitioners are receiving electronic mail notifications to check their registration accounts for selection notices. A sample notification is posted beneath. The email is existence sent from [email protected]   to the employer'due south and/or attorney'due south email address that was used for registration. (Updated iii/28/22)

H-1B Primary's Cap 2022–2023

The H-1B visa is a nonimmigrant work visa designated for professionals who work in jobs that are considered specialty occupations. Compared to other work visas for skilled workers, the requirements are relatively lenient. Therefore,  USCIS receives many registrations each twelvemonth. To manage this, the USCIS has implemented an annual limit and uses a random lottery to cull the registrations to become into processing.

The regular H-1B cap, which comprises those who do not qualify for the master'south degree exemption, consists of 65,000 spots. In improver, USCIS saves vi,800 spots for Chilean and Singaporean residents. Some other twenty,000 places are available to candidates with a U.S. master'due south degree or higher from eligible universities or institutions. This is what is sometimes called the advanced or main's degree exemption. However, it is not really an exemption as it does not make y'all exempt from the H-1B cap.

The advanced degree exemption's main benefit is that it gives your H-1B registration two chances to be selected. If your registration is not chosen in the regular cap, it will be entered into the H-1B master's cap for a second gamble at selection.

H-1B Principal's Quota Lottery and Registrations for 2022-23 Flavour

H-B petitioners need to register their conflicting beneficiaries earlier the opening of the lottery window. Here is how it will work:

• Earlier the H-1B filing window, employers must register their beneficiaries with the USCIS online system.
• The USCIS will and so use the lottery system to select registered beneficiaries.
• The petitioners whose beneficiaries were selected volition then file petitions.

According to USCIS, this method expedites the process considering it avoids them having to sift through tens of thousands of petitions every year, making the filing process less expensive for employers.

All registrations—including H-1B master'south quota eligible registrations—are upwardly for pick in the regular cap. Those registrations with advanced degree designations non selected in the regular cap will be put into the H-1B master's cap afterward. According to USCIS, ordering the lottery this way increases the chances of selecting H-1B beneficiaries with a master'south degree or college by up to sixteen%.

After the lottery selection, USCIS will notify employers if their registration was chosen, and the subsequent filing steps will take place. The employer volition need to file the consummate H-1B petition, and the entire packet of documents volition be sent to the designated service centre, where it will then be rejected or canonical. Each petition is given a USCIS case number, a tracking identifier.

H-1B Advanced Degree Exemption Eligibility

For y'all to authorize for the H-1B master's degree exemption, there are two main requirements:

1. You must have earned a chief's degree from an institution accredited by a nationally recognized bureau.
2. The U.S. establishment should besides be public or non-turn a profit in nature.

Some formally recognized accrediting organizations include:

• Accrediting Committee of Career Schools and Colleges
• Accrediting Council for Continuing Education and Grooming
• Accrediting Council for Independent Colleges and Schools

You can find a complete list of accreditation programs in the United States on the Department of Education's website.

So, if the institution where y'all received your caste is unaccredited or happens to exist a for-turn a profit academy, your petition will be denied. Delight note that you're as well subject to all the other H-1B requirements.

Likewise, if you failed to run across that requirement and USCIS denied your petition, you besides won't exist eligible to count towards the regular (65,000) cap. For that reason, information technology's crucial to ensure yous encounter the statutory requirements before filing. Failure to do so but causes delays and additional frustration.

Ineligible H-1B Principal's Cap Institutions

You may be inclined to presume that all U.South.-based institutions are accredited. Do not make this assumption because it may steer you in the wrong direction.

For instance, the Academy of Northern Virginia was accredited at one time. However, due to violations, their accreditation was revoked and afterwards close down by the government in 2013. As a result, graduates from this schoolhouse were not eligible to file under the H-1B principal's cap but could still file nether the regular H-1B quota.

The other result we oft run across is schools not existence public or not-profit. If a schoolhouse is recognized every bit proprietary, it is a for-profit institution and therefore not eligible under the criteria.

H-1B Main'south Cap Lottery–How Does it Work?

Under the current arrangement, the H-1B chief's cap lottery follows the procedure outlined below.

1. If the H-1B quota candidate pool—including chief'due south quota eligible registrations—exceeds 65,000, and then a random figurer lottery selects 65,000 registrations. (Note: the actual numbers may be different due to upward to half-dozen,800 visas reserved for petitioners from Chile and Singapore)
2. USCIS then identifies H-1B primary's cap-eligible registrations from the pool of all registrations rejected in the regular cap lottery. Finally, if at that place are more than twenty,000 principal's cap-eligible applications, USCIS runs a second calculator-generated lottery to select 20,000 registrations from the master's pool.
3. The USCIS then sends letters to individuals whose registrations are selected. These sponsors will then file I-129 petitions on behalf of their beneficiaries.
4. Those registrations non selected in the regular or principal's quota volition exist designated as "non selected" in the online portal. USCIS will requite no refund for the $x registration fee.
5. Selected petitioners will receive their USCIS example number to stay upwardly-to-date on H-1B processing times.

How the Pre-Registration System Works

As previously mentioned, each sponsor volition submit a registration for their beneficiary rather than a petition. This involves creating an online account in the USCIS portal and submitting ane registration for each beneficiary. Each sponsor tin can only submit one petition per beneficiary. However, continue in listen that a unmarried sponsor tin can submit registrations for multiple beneficiaries, and beneficiaries tin can have registrations submitted for them past various employers.

On March 1, at 12 p.m. EST, the registration window will open, allowing sponsors to submit their registrations. This window will remain open until March eighteen at 12 p.thou. EST. Submitting a registration early or late in that time frame does non help or hurt your chances.

On March 31, the USCIS plans to release the lottery results. It will practise this by irresolute the condition of your online registration to one of iv statuses:

Selected: This means that USCIS chose your registration in the lottery, and your sponsor tin submit a petition.

Denied: If your sponsor submitted more than one registration on your behalf, and so all of that sponsor's registrations for y'all volition be butterfingers and later on rejected.

Non Selected: The USCIS will conduct the lottery after March 25 and select the required 80,000 registrations for the regular cap and the advanced exemption. Any not selected will remain in the "Submitted" status until the end of the fiscal year. If the USCIS needs to fill more spaces throughout the remaining vi months, it volition draw from this pool. Otherwise, all unselected petitions will change to "Not Selected."

Submitted: This just means that the USCIS has received your registration. If your petition is not selected but also non denied, it will remain in "Submitted" status until October 1st. After which, it will modify to "Non Selected."

H-1B Principal's Cap Deprival and Requests for Testify (RFE)

Fifty-fifty if your institution is eligible for the master's cap, your petition may notwithstanding be denied if not filed correctly. This tin be the outcome of:

1. Bereft prove: This can issue in either a USCIS rejection or an RFE. This will come in the course of an I-797 grade or receipt, also as a comprehensive list of prove required to verify your institution and degree.
2. Inconsistent documentation: All of the information regarding your institution must match and then USCIS does not raise its suspicion concerning your case.

USCIS takes qualifications for your institution seriously. Therefore, an RFE may be issued if the USCIS cannot determine your establishment's accreditation or public or not-profit condition.

H-1B master'southward degree exemption is generally simply bachelor to those who have already graduated from an accredited public or not-profit institution. Therefore, if you lot have completed your coursework or thesis defence force but still await graduation, the USCIS will likely deny your petition.

There have been cases of petitioners submitting a letter of completion from the establishment's dean in these situations. However, these cases have been rare and condign more seldom as the demand for H-1B visas increases. Every bit a upshot, we predict this will non be a successful tactic for the H-1B 2022-2023 season.

If you motion or otherwise change your accost, you must inform the USCIS. USCIS will send the RFE to the last known address, and you will exist held responsible for responding to the request. If no response is given, your petition volition be denied.

An RFE tin drastically delay your petition, so working with your immigration attorney to ensure your institution qualifies is always advisable.

If you've been denied your H-1B visa, another option is to get a job with a cap-exempt employer.

What Options Do I Have After a Denial?

The starting time thing to understand when because what to practise side by side is to decide whether your H-1B master's petition was rejected or denied.

• A rejection means that the evaluating officer saw that you:
  • Had incomplete, inconsistent, or incorrect information on your petition
  • Did non file the proper fees to their advisable places, or;
  • Did not take sufficient evidence (i.e., missing documents similar degrees, resumes, job descriptions)
• A denial means that the evaluating officer fully processed your case and decided that you or your employer did not meet the qualifications for an H-1B visa.

If your H-1B master'due south petition is rejected, and then you may simply need to fix the error and refile the petition next flavor if your registration is selected once more.

However, if your petition is denied, you may be able to file a legal motion. At that place are two chief types of these motions:

• Motion to reopen: File this motion if y'all have new bear witness to bring to the table that might change the evaluating officer's mind
• Motility to reconsider: Used when you and your immigration lawyer believe that the evaluating officer was wrong in their cess of your case.

Because they are both legally delicate matters, neither of these should exist attempted without the help of an experienced clearing attorney. Every bit an aside, you will likely receive an H-1B denial letter that prohibits any appeals to a third political party.

If Yous Were Selected In The Lottery

Form I-797C, Notice of Action is issued past USCIS to communicate information pertaining to receipt, rejection, transfer, reopening or an upcoming engagement. should you be selected in the lottery. In the example beneath (disclaimer – names, IDs and personal information has been changed for privacy) y'all'll see information technology has the title Financial Twelvemonth 2022 Option and and so nether information technology has the company, employer identification number, the person the registration was submitted on behalf of and the confirmation number. If selected, the next paragraph will say "This registration was selected toward the number projected equally needed to reach the congressionally mandated cap (regular cap)." In the adjacent sentence you volition meet what dates the company needs to file the corresponding H1B petition in. Exist aware, no other beneficiary apart from the i identified in the i-797C may have a petition submitted for. The petition should likewise include the start date of October ane, 2021.

Potential Challenges

When a sponsor registers a beneficiary, they must designate whether it is for the master's cap or the regular cap. If a sponsor submits an H-1B primary'southward cap registration that does not qualify, the registration will probable yet go through. Yet, the subsequent will probably exist denied if the registration is selected. Go along in heed that once a registration is submitted, information technology cannot be corrected.

Additionally, a second registration cannot be submitted for the same beneficiary. A unmarried sponsor can only submit one registration for each beneficiary in any given fiscal yr. If this rule is violated, all registrations for the casher filed past the guilty sponsor will exist denied.

However, keep in heed that a beneficiary tin accept multiple registrations filed on their behalf by different sponsors. As well, a unmarried sponsor can submit registrations for various beneficiaries.

Furthermore, the rate of denials and RFEs has skyrocketed over the past several years. With such a short window for submitting registrations and filing subsequent petitions, it is imperative to ensure that necessary supporting documents and fees are correctly filed forth with the petition. With other visas, a small fault might filibuster your visa by a few weeks or months. Withal, with the time constraints placed on the H-1B, a small mistake may crusade you lot to accept to wait until the adjacent fiscal year to effort once again.

And lastly, because registrations are far easier and cheaper to submit than petitions, we anticipate that there volition be many entries.

H-1B Master'due south Cap Predictions

We predict many registrations will be submitted with the current organisation in identify. Concluding yr, USCIS received 275,000 applications, a meaning increase from the twelvemonth prior when they received 201,000. This is because sponsors are just responsible for a $10 registration fee rather than the several m dollars worth of fees that go with a complete petition. Therefore, while the master's cap order will probable increase the chances for master's registrations to be selected, the expected increase in contest with the lower barrier to entry may outweigh that reward and ultimately lower an individual's chances of being selected.

Additionally, for both the main's and regular cap, the spouses of H-1B holders under H-four status take been able to seek employment through the apply of Employment Say-so Documents (EAD) for the past several years.

Will Premium Processing Help My Case?

Premium processing, the optional service provided by the USCIS that expedites your petition's processing time to just fifteen calendar days for an additional fee, does non increase the probability that your petition volition be approved if your registration is selected in the lottery. Instead, it only serves to shorten your petition'southward processing time. The service fee for premium processing for H-1B season 2022-2023 is $2,500.

Besides, expediting your petition volition not modify these dates because of the date constraints on the H-1B. If selected and approved, yous volition still demand to wait until October 1st before get-go work as an H-1B employee. Speak with your immigration chaser to run into if premium processing is appropriate for your case.

Will the H-1B Master'due south Cap Aid With My Dark-green Bill of fare?

The path from an H-1B visa to an employment-based green card can be difficult. However, it could exist made easier if y'all possess a master'southward degree.

H-1B Principal'southward Cap: Best Dark-green Menu Categories

Once your registration has been entered into the 2022 advanced degree exemption and your petition has been processed and approved, y'all will be able to starting time working that fall under your H-1B. Fortunately, this visa is considered a dual intent visa, pregnant that yous can pursue a dark-green card. The get-go step to getting your dark-green menu is choosing which preference level y'all desire to apply for. Hither are the leading contenders:

• EB-ane: This dark-green card is for immigrants with extraordinary achievements, outstanding researchers and professors, and multinational managers and executives.
• EB-2: This i is for those with exceptional power, qualify for a National Interest Waiver, or have an advanced degree.
• EB-3: This third level is for those with bachelor'southward degrees, those with more than two years of experience (skilled work), and those with less than two years of experience (unskilled labor).

H-1B Master'southward Cap to EB Green Carte du jour Process

As you can see, by having a registration that could be entered into the 2022-2023 H-1B main's quota, yous have a prime spot for an EB-2 green card. This has the advantage of mostly having a much shorter waiting time than the EB-3, which is the greenish card that most H-1B employees qualify for.

However, it isn't enough just to have a main's degree. Yous also demand to have a job with a U.Due south. employer that requires your degree. The USCIS looks more than at your position than your particular qualifications.

If y'all and your attorney determine that the EB-2 is the right light-green card for you on business relationship of your avant-garde caste, your employer (either your H-1B employer or a new 1) must obtain a PERM Labor Certification on your behalf before filing an I-140 petition. In one case the USCIS receives your petition, that date will exist your priority date. You will need to await until your priority matches or passes the final activity dates in the monthly visa message released by the Department of State. One time that happens, yous can submit an I-485 to adjust your status from H-1B to a dark-green carte du jour.

Because the final action dates for the EB-2 tend to be much sooner than those for the EB-3, your master's caste could end upwardly shaving months or even years off of your green carte waiting time.

H-1B Master'south Cap FAQs

Does the master'south exemption exempt me from the cap?

No. The word exemption is only used to describe an exception. If your registration is filed in the H-1B primary'southward cap, it volition yet be subjected to the regular and the primary's lottery. Still, it does give your registration two opportunities to exist selected.

Practise I have to annals before the H-1B cap?

Yep, all employers who programme on filing petitions on behalf of H-1B beneficiaries volition have to register. Nevertheless, if they are picked in the lottery, only then will they file a petition.

Do I take to file a petition in the lottery this year?

Sponsors no longer submit petitions to enter the lottery. Instead, beneficiaries must be registered, and the USCIS volition select registrations. Therefore, you only demand to file a petition if USCIS selected your beneficiary's registration in the lottery.

Volition at that place be registration every year?

Theoretically, yes. However, the USCIS reserves the ability to append the registration process for any year if they encounter technical difficulties. We volition keep you apprised of whatsoever suspensions.

How does the H-1B master'southward cap social club increase my chances of choice?

Your master's registration will be entered with all other registrations into the regular cap commencement. This means that USCIS volition select some main's registrations in the regular cap without entering the H-1B master's cap. All unselected chief's registrations volition exist entered into the master's lottery, which will have a smaller amount of competition because some main'due south registrations had already been chosen in the regular cap.

This is understandably confusing, so nosotros always encourage you to piece of work with your immigration chaser to make an educated decision well-nigh your instance.

If you exercise not have an H-1B sponsor, databases are available to find a suitable one. Disclaimer: Nosotros do not accept ownership or responsibleness for the information found on H-1B sponsor sites. This site allows you to filter your search by visa job title, NAICS industry, work city, and visa rank. The information on that visa sponsor database is based on LCAs and Labor Certifications. Another good identify to search for qualified H-1B jobs is at U.S. academic institutions because they're not subject to annual cap restrictions.

What is the prevailing wage?

The prevailing wage, provided by the Section of Labor nether the Occupational Employment Statistics programme, is the boilerplate wage for employees who perform the same (or like) jobs in the same area. The prevailing wage is indicated on the Labor Certification Awarding. In improver, most employment visas, including the H-1B visa, require past constabulary the employer to pay their conflicting employees this wage every bit the minimum. Therefore, the DOL will determine the prevailing wage when your employer files for a Labor Certification Application.

Are my chances better every bit an MBA graduate?

Having an MBA instead of any other type of avant-garde degree does not directly assist your chances during the H-1B master'south cap. Nevertheless, getting an H-1B for MBA graduates might brand you more qualified for the position y'all're applying for and will likely help your chances of having your petition canonical if your registration is selected in the main'south cap or the regular cap.

What documents/info is required for the H-1B registration?

Yous'll need to provide the following information/supporting documents:

• Company's name
• Employer's FEIN (identification number)
• Business organisation accost
• Employers contact information
• Employer'southward lawyer contact info

What are all the H-1B fees paid to USCIS?

Employers but need to pay the $x registration fee to enter the lottery. However, should their employee's registration be selected in the lottery, then these fees below volition employ:

Fee	Corporeality	Responsible for Fee
Registration Fee	$x	Employer
Premium Processing (optional	$2,500	Employer or Employee
Public Police force 114-113 Fee	$four,000	Employer
Basic Filing Fee	$460	Employer
USCIS Anti-Fraud Fee	$500	Employer
ACWIA Didactics and Preparation Fee	$750 (less than 25 employees)  $1500 (more than 25 employees)	Employer
Chaser Fee	Variable	Employer

What is consular processing?

Consular processing is for H-1B petitioners who have been selected in the lottery and have an approved complete H-1B package merely live outside of the The states. Annotation that if this is your case, you will need to make an date at the U.South. consulate/embassy in your home country and bring with you the paid DS-160 nonimmigrant application, receipt that you paid the $190 cost for this form, and exist ready to answer whatever questions the consular officeholder may ask yous. For example, you may exist asked about your job, employer, qualifications, work history, and travel history at the interview. If yous don't know the answer to ane of their questions, always be honest, and it's perfectly okay to say, "I don't know," if you're unsure.

Why was my Labor Condition Application delayed?

In the past, we've seen cases where the iCert visa portal didn't recognize an employer or company's FEIN number. Typically, this occurs if there hasn't been a pre-verification before completing the Labor Condition Awarding. It's best to e'er become through a qualified immigration lawyer to ensure no unnecessary delays similar this occur.

How Do I Submit a Petition?

It's always best to go through the approved delivery method specified for your petition. Options similar USPCS, FedEx, UPS, or another bonded service are generally practiced routes. Do not deliver your petition by hand or another unconventional way, or you hazard your petition not being correctly processed. Once again, your lawyer can provide the best instructions for commitment methods.

What are the types of RFEs?

An RFE  is sent by USCIS indicating that the evaluating officer needs more documents or evidence to make a clear conclusion. An RFE is non an immediate denial, and so you yet have a risk of getting an approval. Therefore, it'south essential to answer to the RFE promptly and within the time frame y'all're given. The three types of means to respond to a request for evidence are as follows:

• Full response: This type includes all USCIS' requested evidence.
• Partial response:  These tend to be the typical responses. You submit some of the bear witness USCIS has asked for but not all of it, either because you lot do not wish to submit it all or only do not have the requested evidence.
• No response: Yous can always withdraw your application.

With whatever RFE you lot receive, always thoroughly review information technology with your attorney to decide the best course of action. Sometimes USCIS may accept doubts about your employer, your relationship with the company,  and your credentials, among other things. Any response you send to USCIS should back up whatsoever doubts or issues concerning your case.

I only lost my H-1B condition, now what do I do?

If you lost your H-1B job, you are granted a lx-day grace period that starts on the first day of your unemployment. Yous're given this grace flow so you tin either find a new sponsor, switch to another visa, or get your affairs ready to leave the United States.

Can my spouse go a visa?

In 2015, the Obama assistants created a rule which permitted those with H-iv visas (spouses of H-1B holders) to get employment authorization. The Biden assistants has kept this rule and proposed legislation to make it permanent. Nosotros will keep you updated with changes to this legislation. The only way it could be rescinded is by a law passed by Congress at this indicate.

What are VisaNation Constabulary Group's H-1B Visa Lawyer Fees?

VisaNation Police Group's legal fees are now tiered because only some companies will file complete petitions later on they are selected in the lottery. The tiers are as follows:

• 1: $550 for the initial registration procedure, which includes all preliminary case analyses required to file the case such every bit SOC, duties, documents, educational check, evaluations, if necessary, FEIN, etc.
• Ii: $i,900 volition be due if the case is selected in the lottery for filing, which includes all form/support letter preparation plus case filing within the timeframe
• Three: $500–$1,500 will be the price of a Request For Evidence (RFE) response, should 1 later be issued on the instance

Please note that H-1B petitioners have the option to complete the initial registration themselves. Merely, again, note that if the registration is completed incorrectly, the petition may after exist denied. Once the petition has been confirmed as existence selected in the lottery, employers may retain VisaNation Law Grouping for the complete filing. If that route is chosen instead, the legal fee for preparing the H-1b filing will be $2300. This fee excludes the cost for a response to any possible RFE that USCIS may issue on the instance and any H-iv application required. The toll for an RFE response volition remain betwixt $500–$1600, depending upon the complexity of the RFE.

What other options practise I accept if I don't qualify for the 2022-2023 H-1B avant-garde degree exemption or H-1B lottery?

If you've reviewed all the criteria above and detect that you are not eligible for the H-1B visa for 2022-2023, you do have other options apart from the H-1B master'south cap and regular lottery pool. For example, the L-1B visa, like the H-1B, is also a nonimmigrant visa. Information technology allows employers who accept offices both in the United states of america and overseas to transfer employees from their overseas offices to those in the U.S. for up to five years. Some other option is the J-1 visa, intended for government-canonical programs for positions similar nannies, students, counselors, doctors, etc.

Share this post