Complete Guide to Applying for the H-1B: Registration, Process, and Timeline

The highly sought-after H-1B visa is a non-immigrant, temporary visa that allows U.S. employers to hire foreign workers for specialty occupations. Specialty occupations require specific knowledge and a bachelor’s degree or higher. H-1B fields include:

1. Architecture
2. Engineering
3. Mathematics
4. Physical or social science
5. Health
6. Education
7. Law
8. Business
9. The Arts

The high demand for the H-1B visa has led to the United States Citizenship Immigration Services (USCIS) depending on an electronic lottery.

How an Immigration Attorney Can Help You?

The legal team at Scott D. Pollock & Associates, P.C. has decades of combined experience in immigration law. We provide our clients with the representation and legal advice they need to obtain H-1B visas for their prospective employees.

What Is the H-1B Lottery?

USCIS uses the H-1B lottery—a random selection process—to determine which H-1B visa applicants will be chosen for petition processing. It is used when the demand for H-1B visas surpasses the annual cap set by the U.S. government each fiscal year.

What Is the H-1B Lottery Registration?

The H-1B lottery registration process aims to reduce the excessive paperwork and costs that employers previously faced. Prior to this process, employers had to submit full H-1B petitions before even knowing if they had a chance of obtaining approval within the annual cap of visas.

Here are some details to know about the registration process:

• Employers must first electronically register and pay a fee on the USCIS website for each prospective H-1B worker being sponsored. Registration requires basic information about the employer and the beneficiary employee, including education qualifications and details about the offered position.
• Multiple people within a company, legal consultants, and the beneficiary can collaborate on one account.
• The registration period opens before the cap-filing period begins.
• USCIS monitors the number of registrations received and closes the registration period once enough are submitted to reach the annual cap.
• After registration closes, USCIS conducts two random lotteries—one for the master’s cap and one for the regular cap.
  • Regular cap petitioners require a bachelor’s degree and specialized knowledge.
  • Master’s cap petitioners must have an advanced degree.
• USCIS will notify selected registrants. Those not selected are notified once USCIS has determined the cap has been reached.
• Only employers whose registrations are selected can file full H-1B cap petitions during the cap filing period. To be eligible, petitions must be filed during the cap season filing period. 

The Petition Process:

If an employer’s H-1B registration is selected in the lottery, the employer can now proceed with filing a full H-1B petition for the beneficiary employee by following these steps:

1. The employer obtains and submits a Labor Condition Application (LCA) to the Department of Labor (DOL). The LCA requires proof of the prospective employee’s qualifications, such as degrees, transcripts, and licenses. It also requires a detailed job description, requirements of the specialty occupation, and proof of the employer’s ability to pay a fair wage.
2. Once the DOL has certified the LCA, the employer must complete and file Form I-129 (Petition for a Nonimmigrant Worker) for the beneficiary.
3. Submit the complete H-1B petition package to USCIS within the designated H-1B cap-filing period. Petition packages include the completed LCA and Form I-129 and all required fees, supporting evidence, and documentation.
4. USCIC receives and assesses the complete H-1B petition package. They will submit a Request for Evidence (RFE) if further documentation is needed. An RFE does not mean the H-1B will be denied; it just means that USCIS needs more information. Make sure to abide by the RFE deadline to avoid a denied H-1B.
5. Attorneys can help avoid an RFE by ensuring all documentation is completed upfront, thus avoiding delays, extra costs, and added uncertainty.

Once all proper documentation has been submitted, the status of the H-1B will be listed as “submitted” on the USCIS account.